Employer Nomination Scheme 186 Visa
The Employer Nomination Scheme (ENS) Visa Subclass 186 enables Australian employers to sponsor skilled foreign professionals for immigration to Australia, allowing them to live and work in the country permanently.
To be eligible for the Subclass 186 Visa, the primary applicant must possess the essential skills required for a specific job. Additionally, candidates can include their family members in the application.
In essence, the Subclass 186 Visa is intended for skilled international professionals with the necessary qualifications and experience, but they must first be nominated by an Australian employer to qualify for permanent residency.
This guide will cover all the important details about the Employer Nomination Scheme Visa, including its eligibility requirements, the various streams under this program, and other relevant information. Before we dive deeper, let\'s provide a brief overview of the Subclass 186 Employer Nomination Scheme Visa.
What Is Subclass 186 Employer Nomination Scheme Visa?
The Subclass 186 Employer Nomination Scheme (ENS) Visa is a permanent visa that enables skilled workers to work in Australia for a nominated employer. It is specifically designed for individuals who have been offered a full-time position by an Australian employer in an occupation on the relevant Skilled Occupation List. Under this scheme, applicants can apply for permanent residency through three different streams: Direct Entry Stream, Temporary Residence Transition Stream, and Labour Agreement Stream. This page focuses on the Direct Entry Stream, which is ideal for applicants who have the required skills but have not worked in Australia under a temporary visa.
Benefits Of Subclass 186 Visa
Obtaining the Subclass 186 visa provides several advantages for skilled workers looking to establish themselves in Australia:
- Permanent Residency: The Subclass 186 visa grants permanent residency, allowing you to live, work, and study anywhere in Australia.
- Work Rights: As a permanent resident, you are free to work with any employer across Australia, in any location.
- Access to Healthcare: You will have access to Australia\'s public health system, Medicare.
- Family Inclusion: Your immediate family members, including spouse and children, can be included in your application.
- Pathway to Citizenship: After meeting residency requirements, you can apply for Australian citizenship.
- Social Security Benefits: As a permanent resident, you are entitled to certain social security benefits.
Different Immigration Stream Under Subclass 186 Visa
There are three main immigration streams under the Subclass 186 visa:
- Direct Entry Stream: This stream is for skilled workers who have never worked in Australia or do not meet the Temporary Residence Transition requirements. It requires the applicant to be nominated by an Australian employer for a position that fits their skills.
- Temporary Residence Transition Stream: This is for applicants who have held a Subclass 457 or Subclass 482 visa and have worked for their nominating employer for at least three years.
- Labour Agreement Stream: This stream is for individuals sponsored under a labour agreement between their employer and the Australian government. It is generally for positions in specific industries or areas where there is a demand for skilled workers.
Eligibility Requirement Of Employer Nomination Scheme
To be eligible for the Subclass 186 Employer Nomination Scheme visa, applicants must meet the following criteria:
- Nomination by an Employer: You must be nominated by an Australian employer who is willing to offer you a permanent job in a skilled occupation.
- Occupation: Your occupation must be on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL), depending on the stream.
- Skills and Qualifications: You must have the relevant skills and qualifications for the nominated occupation, which may include an Australian qualifications assessment or a skills assessment.
- Age: You must be under 45 years of age at the time of application (exceptions apply for certain occupations).
- English Language Proficiency: You must demonstrate competent English by meeting the required English language test scores, such as IELTS, PTE, or TOEFL.
- Health and Character: You must meet the health and character requirements set by the Australian government.
Eligibility Requirement According to Different Categories:
General Requirements:
- Nomination: The applicant must be nominated by an Australian employer.
- Age Limit: Unless exempt, the applicant must be under 45 years of age.
- Qualifications: The applicant must meet the necessary skills, qualifications, and English language requirements.
Employer Requirements:
- Operation in Australia: The employer must be legally established and actively operating in Australia.
- Job Offer: The employer should provide a full-time permanent job offer and demonstrate a genuine need for the applicant\'s specific skills.
- Compliance: The employer must comply with local and immigration laws.
- Training: Employers should systematically and structurally train both existing and new staff.
Employee Requirements:
- Nomination and Skills:
- The applicant must be nominated for a role listed on the Skilled Occupation List (SOL).
- A positive skill assessment for the nominated occupation must be obtained from competent assessing authorities.
- Work Experience:
- At least three years of work experience in the nominated occupation is required.
- If applying for a highly compensated senior executive role, the position must offer a minimum salary of $250,000 (excluding superannuation and other benefits).
- Sponsorship and Eligibility:
- The applicant must secure a long-term sponsoring job.
- Demonstrate the required skills and, if applicable, obtain proper licensure or registration for the job.
- Age and Language:
- The applicant must be under 45 years old.
- Demonstrate functional proficiency in English.
- Australian Work Experience:
- Must have worked in the nominated occupation for at least two years in Australia on a temporary visa, including at least one year for the nominating employer.
- Recent graduates seeking employment in Australia must apply for a Graduate Visa.
- Health and Character Checks:
- The applicant must complete health and character assessments before applying for the visa.
Process to Apply for Subclass 186 Employer Nomination Scheme Visa
The process for applying for the Subclass 186 visa under the Direct Entry Stream includes the following steps:
- Employer Nomination: Your employer must first nominate you for a permanent position. This includes submitting the nomination to the Department of Home Affairs.
- Skills Assessment: You may need to undergo a skills assessment by a relevant assessing authority in your occupation to verify that you meet the requirements.
- Visa Application: Once your employer\'s nomination is approved, you can submit your visa application. You will need to provide supporting documents, such as proof of your skills, English proficiency, and personal details.
- Visa Processing: After submitting your application, the Department of Home Affairs will process your visa application, which may involve an interview or additional documentation.
- Visa Grant: If approved, you will be granted permanent residency under the Subclass 186 visa, allowing you to live and work in Australia.
Document Checklist Required for Subclass 186 Employer Nomination Scheme Visa
When applying for the Subclass 186 visa, you will need to submit the following documents:
- Passport: A valid passport or travel document.
- Skills Assessment: Documentation of your skills assessment, if required for your occupation.
- English Language Test Results: IELTS, PTE, TOEFL, or other accepted test results.
- Employer Nomination Documents: A nomination letter from your employer and proof of the permanent job offer.
- Qualification Documents: Copies of your academic qualifications and certificates.
- Work Experience: Evidence of work experience in your nominated occupation.
- Health and Character: Health examination results and police clearance certificates.
- Personal Documents: Birth certificates, marriage certificates (if applicable), and other relevant personal information.
Document Checklist Required for Subclass 186 Employer Nomination Scheme Visa
When applying for the Subclass 186 Employer Nomination Scheme Visa, ensuring you have all the required documents is essential to avoid delays or complications in the application process. Below is a comprehensive checklist for the documents needed, divided into key categories:
1. Personal Identification Documents
- Passport: A valid and up-to-date passport. Ensure you include copies of all used pages, including visas and stamps.
- National Identity Card: If applicable, provide a copy of your national ID card.
- Birth Certificate: A copy of your birth certificate showing your name and date of birth.
- Marriage or Relationship Certificates (if applicable): If you are including a spouse or de facto partner, provide evidence of your relationship, such as a marriage certificate or proof of a de facto relationship (e.g., shared bank accounts, cohabitation documents).
- Change of Name Documents (if applicable): If you\'ve changed your name, include official documentation such as a deed poll certificate.
2. Employer Nomination Documents
- Nomination Approval Letter: A letter from the employer stating that they have successfully lodged and obtained approval for your nomination under Subclass 186.
- Job Offer Letter: An official letter from your employer confirming the permanent full-time position in a nominated occupation.
- Employer Details: Information about the business, including its ABN (Australian Business Number), business registration certificate, and proof that it operates legally in Australia.
3. Proof of Skills and Qualifications
- Skills Assessment: A positive skills assessment from the relevant assessing authority in your occupation, if required.
- Educational Certificates: Certified copies of degrees, diplomas, or other qualifications relevant to your nominated occupation.
- Transcripts: Academic transcripts showing completed coursework and grades.
- Professional Licenses or Registrations: Evidence of any professional licenses or registrations required for your job (e.g., nursing registration, engineering license).
- Work Experience Evidence: Documents to verify your work history, such as:
- Employer reference letters on company letterhead
- Payslips, tax returns, or employment contracts
- Detailed descriptions of your job duties.
4. English Language Proficiency
- English Test Results: Valid test results from an approved English language test, such as:
- IELTS (International English Language Testing System)
- PTE Academic (Pearson Test of English)
- TOEFL iBT (Test of English as a Foreign Language)
- OET (Occupational English Test, for healthcare professionals)
- Note: Ensure your test results meet the required scores for Competent English and are less than three years old at the time of application.
5. Health and Character Requirements
- Health Examination Results: You must complete a health examination by a panel physician approved by the Department of Home Affairs. Results will be electronically submitted directly to the department.
- Police Clearance Certificates: Provide a police clearance certificate from every country where you have lived for more than 12 months in the past 10 years since turning 16.
- Form 80 (Personal Details): A completed Form 80, which includes detailed information about your background, travel history, and character assessment.
- Form 1221 (Additional Personal Details): If requested, provide additional personal details using Form 1221.
6. Financial and Dependents Documentation
- Evidence of Financial Stability: Bank statements or proof of income, if required for dependents.
- Dependents\' Documents: If including family members (spouse, de facto partner, or children), provide:
- Passports and birth certificates
- Proof of relationship (e.g., adoption papers, dependency forms for children over 18)
- Evidence of English proficiency or exemption (for dependents over 18).
7. Other Supporting Documents
- Visa Application Form: A completed Subclass 186 visa application form.
- Acknowledgment of Employer Nomination: Receipt or reference number for the employer nomination application.
- Migration Agent Documents (if applicable): If you are using an immigration agent, provide the agent\'s registered migration number and signed authorization.
Key Tips for Document Submission
- Certified Copies: Ensure all documents are certified by a notary or relevant authority.
- Translation: If documents are not in English, include certified translations along with the original copies.
- Digital Copies: All documents should be scanned in clear and legible formats for online submission.
- Organization: Arrange documents systematically, grouped under the relevant categories.
Additional Notes
- The specific documents required may vary based on individual circumstances, occupation, and the stream under which you are applying. The Department of Home Affairs may request additional documentation during processing.
- Consult with a professional immigration consultant or your employer to ensure you meet all requirements and have the correct documentation.
Preparing and organizing these documents thoroughly will help streamline your application process and reduce the risk of delays.
Processing Time of Subclass 186 Visa
The processing time for the Subclass 186 visa can vary depending on several factors, such as the completeness of your application, the stream under which you are applying, and the demand for your occupation. On average, the processing time can take anywhere from 6 months to 18 months. It\'s important to ensure that all required documentation is submitted correctly to avoid delays.
Cost of Visa Processing
The cost of applying for the Subclass 186 visa depends on various factors, including the stream you are applying under and whether dependents are included in the application. The base application charge for the Subclass 186 visa is approximately AUD $4,240. Additional fees may apply if family members are included in the application or if there are any specific processing requirements.
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Frequently Asked Questions
- Can I apply for the Subclass 186 visa without work experience in Australia?
Answer: Yes, the Direct Entry Stream allows applicants without Australian work experience to apply, provided they meet the required qualifications and skills assessment.
- How long do I need to stay with my employer after receiving the Subclass 186 visa?
Answer: There is no specific requirement to stay with your employer after the visa is granted, but you must have been nominated by them and have accepted a permanent position.
- Is the Subclass 186 visa valid for all occupations?
Answer: No, only occupations listed on the Skilled Occupation List (SOL) or the relevant occupation list under your stream are eligible for the Subclass 186 visa.
- Can my family members apply with me for the Subclass 186 visa?
Answer: Yes, your spouse and dependent children can be included in your visa application.
- What if I don\'t meet the English language requirement?
Answer: You may need to retake the English language test to meet the required scores or explore other options based on your occupation.