Employer Nomination Visa – Subclass 186

Temporary Residence Transition (TRT) Stream Requirements

For visa applicant:

• The job or position being nominated is consistent with the position held while on the subclass 457 or 482 visa.
• The applicant must hold a 457, (482) TSS or related bridging visa A, B or C.
• The eligibility period to transition to permanent residence is two years if the applicant holds a 457 visa or started with a 457 visa, but now may be on a TSS visa.
•  If the applicant has not previously held a 457 visa and the first visa they were granted was a TSS (482) visa, they need to be employed for 3 years with the same employer on this 482 visa.  The employer needs to offer a permanent position in the same occupation of the 457 or 482 visa.
• The main applicant must be under the maximum age requirement of 45 years at the time of application – unless age exemptions apply – please see below.
• The main applicant to have English language proficiency of at least six in each of the four bands of the IELTS test or equivalent language test such as PTE, unless from a naturally English-speaking country, such as UK, Ireland, New Zealand, USA, or Canada.
• Pass health and character tests.

For employers:

• The employer has to demonstrate they have an operating business and can afford to continue to pay the salary of the visa applicant.
• The job or position being nominated is consistent with the position held while on the subclass 457 or TSS (482) visa.
• The position is genuine. It is expected that the position has been advertised on Workforce Australia prior to being offered to the subclass 457 or 482 visa holder.
• The position must continue to be available to the employee for at least two years once the visa is granted.
• The terms and conditions including the salary of the position must be market-related, that is, are the same as any that would apply to an Australian citizen or permanent resident employed in the same position at the same location and meet Temporary Skilled Migration Income Threshold (TSMIT) requirements. This is currently $53,900 plus superannuation.
• If business turnover is under $10M, an amount of $3,000 must be paid to meet the Skilling Australians Fund (SAF) or if the turnover is over $10M, an amount of $5,000 needs to be paid.
• The employer is required to demonstrate that the position is genuine.

Direct Entry (DE) Stream Requirements

Visa applicant:

• Nominate an occupation from the MLTSSL only. Occupations on the STSOL list don’t apply.
• An applicant can be in or outside Australia and does not necessarily have to have commenced employment with the nominating employer.
• An applicant can be on a visa such as a student, visitor or bridging visa and apply for a 186 ENS Direct Entry.
• The applicant will need to provide a skills assessment from the assessing authority of their occupation and have at least 3 years of full-time post-qualification work experience, which could be in Australia or anywhere else in the world.
• Applicant must be under the age of 45 at time of application – unless age exemptions apply – please see below.
• The main applicant to have English language proficiency of at least six in each of the four bands of the IELTS test or equivalent in another approved English language test such as PTE, unless from a naturally English-speaking country, such as UK, Ireland, New Zealand, USA, or Canada.
• Pass health and character tests.

For employers:

• The business is actively and lawfully operating in Australia and can afford to pay the salary of a sponsored person for two years from the date of a Subclass 186 visa grant.
• The position is full-time and available for two years.
• The position is genuine. It is expected that the position has been advertised on Jobactive prior to being offered to the visa applicant.
• The nomination occupation is on the Medium Long- Term List (MLTSSL).
•  The employee must be paid the ‘market rate’. That is, at least as much as an Australian employed in the same position in the same location and must meet Temporary Skilled Migration Income Threshold of $53,900.
•  If business turnover is under $10M, an amount of $3,000 must be paid to meet the Skilling Australians Fund (SAF), or if the turnover is over $10M, an amount of $5,000 needs to be paid.
• The employer must address any restrictions (caveats) that may exist for that occupation.
• The employer needs to demonstrate why there is a genuine need for that position in their business.

Specific Age Exemption Requirements for ENS & RSMS:

Even if you are older than 45 years of age, you can still apply for the Permanent Visas of ENS or RSMS if you:

• Are nominated as a senior academic by a university in Australia.
• Are nominated as a scientist, researcher or technical (scientific) specialist by an Australian government scientific agency.
• Are a medical practitioner who has been working for your nominating employer as the holder of a Subclass 457 visa or a Subclass 482 visa for at least four years immediately before applying, and the nominated position is located in regional Australia.
• Are applying through the Temporary Residence Transition stream, and you have been working for your nominating employer as the holder of a subclass 457 visa for at least four years immediately before applying, and that employer paid you at least as much as the Fair Work High-Income Threshold in each of the four years.
• Are under 50, are applying through the Temporary Residence Transition stream and you are a subclass 457 visa holder who on 18 April 2017:
  • held a Subclass 457 (Temporary Work (Skilled)) visa; or
  • was an applicant for a Subclass 457 (Temporary Work (Skilled)) visa that was subsequently granted.

• Are applying through the Direct Entry stream and you hold a Subclass 444 (New Zealand citizen) or Subclass 461 (New Zealand citizen’s family member) visa and you have been working for the employer who nominated you for at least two years in the last three years immediately before making the application.