Employer Nomination Visa – Subclass 186

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    Visa Subclass 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 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 Jobactive 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.

    What Does This Visa Let You Do?

    • You can include your spouse, de-facto partner and dependent children.
    • Work and study in Australia.
    • Enrol in Medicare, Australia’s scheme for health-related care and expenses.
    • Sponsor eligible relatives or partner 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.

    An Employer Sponsorship Visa (186) is the final step in your journey to PR. Contact our team of experienced registered migration experts for immediate advice and assistance.


    Subclass 186 Frequently Asked Questions

    • I want to apply for permanent residence based on Employer Nominated Sponsorship –what are the overall pathways?

      There are two application pathways for this category.

      Pathway One – Temporary Residence Transition:

      Once 457 visa holders have been employed for two years with the same employer or an associated entity of that employer, provided their 457 visas was lodged prior to 18th April 2017, they can apply for an Employer Nominated Sponsorship, 186 visa before reaching 50 years old.

      Alternatively, 482 visa holders can apply for an Employer Nominated Sponsorship Visa, 186, provided their occupation is on the Medium and Long-term Strategic List (MLTSSL), and have been sponsored by the same employer, or an associated entity of that employer, for three years. The application has to be lodged prior to turning 45 years old.


      Pathway Two – Direct Entry:

      The occupation that the business will nominate you has to be on the Medium and Long-term Strategic List (MLTSSL) list of occupations. The 186-visa applicant must complete a Skills Assessment from the assessing authority of that occupation and demonstrate that you have had a minimum of three years’ experience post qualification in that occupation. Applicants need to be under 45 years old at the time of application.

    • What about the Employers?

      In both Pathway One and Two, the employer has to present a range of documents to meet the requirements of the nomination. These include financial documents, position description, employment contract, organization chart, a statement about why the position is genuine, evidence that the salary is market related etc.

    Client Story

    SANDEEP & ASHU SHARMA

    Sandeep Sharma applied for his Permanent Residence visa under subclass 186 Employer Nominated Sponsorship, after two years of being sponsored under a 457 Employer Sponsorship visa. His Permanent Visa was granted on August 2014.

    I have been in Sydney, Australia for the last 6 years. I was referred to AustraliaMigrate by a friend of mine.

    In the beginning, I was sponsored by my company under a 457 visa. As I would like to stay on in Australia, I applied for the visa Permanent Residence Visa (186).

    The visa application process was complex and very challenging. AustraliaMigrate helped me to prepare and lodge my application in a limited time. My application was approved just within one week and my 457 long stay business visa was granted.

    Why AustraliaMigrate?

    “AustraliaMigrate Pty Ltd has been helping people around the world successfully apply for Australian visas for over 20 years.
    Our professional specialists are highly experienced in the migration environment.”

    We guide individuals and businesses through the complex migration process to Australia. With long years of industry experience, our immigration specialists have built a reputation of providing accessible, accurate and genuine advice to our esteemed clients.

    Our specialists assist in preparing and reviewing your documents and forms before submitting for successful approval. We strive to make the whole immigration process hassle-free for you.

    We have a very high success rate of visa approval and a solid reputation resulting in a large amount of repeat business. We provide immigration services to individuals, families and companies, whether they are small or public companies and in any industry.

    Immigration is the only thing we do so we are highly specialized in it.

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    What our clients have to say about us

    B. SISSING

    Thank you Ian. Fabulous news. Thanks to you and your team’s effort and work. Great service.

    C. DAVIES

    Thank you SO so much for all of your patience and work on this. Still hasn’t sunk in yet that I’m actually free! Once again, massive thanks to both you and Mariola!!

    CAMILA & CHRISTIAN

    Thanks so much for this excellent news. I’m impressed how fast and smooth it all went, which is a result of excellence in services. Thanks so much for all the attention.

    M. MOBIN

    Thank you Ian ,I highly appreciate your kind efforts. Its a big day for me and my family and you make it possible. May you live long with health, wealth and peace.

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