The Employer Nomination Visa Scheme (subclass 186) is a permanent residence visa. Employees holding this visa can live and work in Australia permanently.
The purpose of this visa is to assist Australian employers in nominating and recruiting overseas personnel to fill shortages in highly skilled positions.
The 186 Visa comes in the following three categories:
- 482 Temporary Residence Transition Stream – Age must be no more than 45 years (unless conditions for exemption are met)
- Direct Entry Stream – Age must be under 45 years
- Labour Agreement Stream
The applicant’s occupation must be on the occupation list for the 186 visa.
1. 482 Temporary Visa Transition
The application’s occupation is on the Short-Term Technical Occupation List (STSOL) or is on the Medium to Long-Term Strategic Skills List (MLTSSL). Skilled workers whose occupations are on the MLTSSL can apply for the Subclass 482 temporary work visa initially.
This visa is valid for a maximum of two or four years. During this time, applicants can legally work in Australia and gain valuable work experience.
After holding this visa for two years, if both the applicant and employer meet the relevant requirements, the employer can sponsor the applicant to apply for a permanent resident 186 visa, thereby achieving the goal and of living and working in Australia for the long-term.
This approach provides skilled workers with a stable and sustainable development path.
Other requirements include:
- You must be under 45 (under 50 if exempt).
- The employer must attain sponsorship qualification unlike the 482 visa).
- The employer needs to prove the actual demand for the position.
- A skills assessment is not required.
- You need to have at least two years of full-time work experience in your nominated occupation or related field. This work experience must be gained with the same employer that sponsored the 482 visa.
- The work experience must accumulate and be completed within three years before applying for the 186 visa.
- IELTS average score must be 6.0 (no less than 6.0 in each section), or equivalent English proficiency.
- Applicants will need to pass a health check and provide a police clearance certificate to meet Australia’s health and character requirements.
What happens if you have to change an employer midway?
Typically, this means you need to reapply for a subclass 482 visa and accumulate 2 years of work experience again, so that you meet the above requirements and are eligible to submit a subclass 186 visa application.
2. Direct Entry Stream
The direct entry permanent residency category allows highly skilled individuals to obtain permanent residency directly without having to hold a subclass 482 visa.
Requirements for this category include:
- You must be under 45 years old.
- The employer must obtain sponsorship qualification (unlike the 482 visa).
- The employer needs to demonstrate a genuine demand for the position.
- The applicant’s occupation must be on the Medium and Long-Term Strategic Skills List (MLTSSL).
- Applicants need to pass a skills assessment in relevant occupations.
- Applicants need to have at least 3 years of full-time work experience in related fields (including overseas related experience).
- Applicants are required to pass a health examination, provide proof of a clean criminal record, and meet Australia’s health and character requirements.
- IELTS average score of 6.0 (no score less than 6.0 in each item), or equivalent English level.
3. Labour Agreement
If certain occupations are not on the current occupation list, an employer still has the possibility of recruiting skilled overseas workers through an independent Labour Agreement with the Australian Federal Government.
These agreements allow employers to nominate occupations that are not on the skilled occupation list for their specific skills shortages, thereby meeting the genuine recruitment needs of the business.
Sponsored overseas personnel will not only have the opportunity to work in Australia but can also apply for Australian permanent residence in the future, providing them with a stable and long-term career development path.
If you are unsure whether you qualify, you should book in a consultation with us to discover more.
