Employer Nominated Sponsorship – 186
The permanent employer sponsored visa program allows overseas employees to apply for Australian permanent residence. This visa can be applied for in both non- regional and regional areas in Australia. There are two pathways to apply for this visa.
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 applicant holds a 457 visa or started with a 457 visa, but now may be on a TSS visa.
- If 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 same employer on this 482 visa. The employer needs to offer a permanent position in the same occupation of the 457 or 482 visa;
- Main applicant must be under the maximum age requirement of 45 years at the time of application;
- 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.
- The employer has to demonstrate they have an actively 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 must continue to be available to the employee for at least two years once the visa is granted;
- The terms and conditions including 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 $53900 plus superannuation;
- If business turnover is under $10M, an amount of $3000 must be paid to meet the Skilling Australians Fund (SAF) or if the turnover is over $10M, an amount of $5000 needs to be paid;
- The employer is required to demonstrate that the position is genuine.
Direct Entry (DE) Stream Requirements
- 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 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;
- 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
- 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 nomination occupation is on the Medium Long- Term List (MLTSSL);
- 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 $3000 must be paid to meet the Skilling Australians Fund (SAF), or if the turnover is over $10M, an amount of $5000 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 50 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 at 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 422 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 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;
What this Visa lets you do?
You can include the following family members in your application:
- Spouse, de-facto partner and same-sex partner
- Dependent children
- Other dependent family members
The ENS and RSMS are Permanent Visas. They let you:
- Live in Australia indefinitely
- Work and study in Australia
- Enrol in Medicare, Australia’s scheme for health-related care and expenses
- Sponsor eligible relatives for permanent residence
- Travel to and from Australia for five years and apply to have the visa renewed at the end of 5 years, so long as certain conditions of residency are met;
- Apply for Australian citizenship, when eligible.
Regardless of the reason, and complications thereof, our experienced immigration consultants are versed with the latest regulations, policy changes, opportunities and trends to provide the most feasible solution.