
Employer Nomination Scheme (Subclass 186) Visa: Your Path to Permanent Residency in Australia
The Employer Nomination Scheme (ENS) Subclass 186 visa offers a golden opportunity for skilled workers to achieve permanent residency in Australia. If you're an overseas skilled worker and an Australian employer is ready to nominate you for a position they can't fill with a local, this visa could be your gateway to a new life Down Under.
This permanent visa is designed for individuals who wish to live and work in Australia indefinitely. There are three distinct streams, each catering to different circumstances:
- Direct Entry Stream: Ideal for skilled workers who are new to the Australian workforce or have had limited work experience in the country.
- Labour Agreement Stream: For skilled workers whose employers have a formal labour agreement with the Australian government.
- Temporary Residence Transition Stream: Specifically for Subclass 457 or TSS visa holders who have been working for their nominating employer for at least three years.
While specific requirements vary by stream, all applicants must meet health and character standards, possess the necessary skills and qualifications, and abide by Australian laws and visa conditions.
Labour Agreement Stream
This stream is for skilled workers sponsored by an Australian employer through a labour agreement. These agreements are special arrangements between the Australian government and employers to address specific skill shortages in the Australian job market.
If you come to Australia on this visa, you'll gain permanent residency, and the processing time can vary depending on how complex the labour agreement is.
To be eligible, your employer must have a current labour agreement with the Australian government. You'll also need to meet the specific age, skills, and English language requirements outlined in that agreement, and adhere to all other visa conditions.
Temporary Residence Transition Stream
This stream is specifically designed for individuals who currently hold a Subclass 457 or Temporary Skill Shortage (TSS) visa. It offers a pathway to permanent residency in Australia if you have worked full-time for your nominating employer for at least three years and your employer wishes to offer you a permanent position.
Successful applicants will gain permanent residency in Australia. Most applications under this stream are processed within approximately 6 to 8 months.
To qualify, you must have worked for your nominating employer on a full-time basis for a minimum of three years. Your employer must genuinely need to fill the position, and you must possess the necessary skills and qualifications for the role. Additionally, your employer must have a clean record of compliance with Australian immigration and workplace laws.
Important Note: A skills assessment is generally not required for this stream. However, you will need to demonstrate an English language proficiency equivalent to an IELTS score of 5 in each module, unless you are exempt. Furthermore, any secondary applicant aged 18 or over must demonstrate Functional English ability (an overall IELTS score of 4.5 or equivalent) obtained within the last 12 months, unless exempted.
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Benefits of the Subclass 186 Visa
The 186 visa offers you and your included family members a comprehensive range of benefits, establishing your new life in Australia:
- Permanent Residency: Live, study, and work anywhere in Australia indefinitely.
- Access to Healthcare: Enrol in Medicare, Australia's public healthcare system, to help cover medical costs.
- Pathway to Citizenship: Become eligible to apply for Australian citizenship once you meet the residency criteria.
- Family Sponsorship: Sponsor other eligible relatives for permanent residence in Australia.
- Travel Freedom: Enjoy the ability to travel in and out of Australia frequently for five years from the date your visa is granted.
Eligibility Criteria for Applicants
To be eligible for the 186 visa, you, as the primary applicant, must meet the following core requirements:
- Age: Be under 45 years of age at the time of application, unless specific exemptions apply.
- Nomination: Secure a nomination from an Australian employer who is legally and actively operating in Australia.
- Timely Application: Lodge your visa application within six months of receiving your nomination.
- Skills & Qualifications: Possess the necessary skills and qualifications for the nominated position.
- English Language: Provide evidence of English language proficiency, unless an exemption applies.
- Health & Character: Satisfy Australia's strict health and character requirements.
- Stream Specifics:Meet all the particular criteria for the specific 186 visa stream you are applying under.
Eligibility Criteria for Nominating Employers
For an Australian employer to nominate a skilled worker for this visa, they must satisfy these crucial criteria:
- Legal Operation: Be legally and actively operating a business in Australia.
- Training Commitment: Have met the required training benchmark (either Benchmark A or B, typically 1% or 2% of payroll dedicated to training).
- Genuine Need: Demonstrate a genuine and ongoing need to fill a full-time skilled position for at least two years.
- Compliance: Have a proven record of compliance with Australian immigration and workplace laws.
- Fair Wages: Ensure the nominated position's salary meets Australian industry standards.
- Stream Alignment: Meet the specific criteria for the chosen nomination stream (Temporary Residence Transition, Direct Entry, or Labour Agreement).
- Business Integrity: Ensure there is no contradictory information identified about the business or its operations.
Health & Character Requirements
All applicants and their included family members must meet Australia's stringent health and character standards. This involves providing:
- Medical Examinations: Certificates from medical examinations conducted within 12 months of lodging your visa application.
- Police Certificates: Police clearance certificates from any country you have lived in for 12 months or more in the last ten years, demonstrating no substantial criminal convictions.
Eligible Family Members
You can include the following family members in your 186 visa application:
- Your partner or spouse.
- Your or your partner's child or step-child.
Navigate Your 186 Visa Journey with Confidence
The 186 visa application process can be intricate, requiring meticulous attention to detail from obtaining a positive skills assessment to understanding stream-specific requirements and demonstrating eligibility for exemptions related to age, skills, and English language proficiency. These complexities can be challenging to manage alone.
At Anand Migration, our highly experienced and professional team of migration agents has a proven track record of successfully guiding numerous applicants through the Employer Nominated visa process. Leveraging our extensive industry experience, we are exceptionally well-positioned to:
- Accurately assess your eligibility.
- Help you choose the most appropriate visa stream.
- Provide expert guidance to achieve a favourable outcome for your permanent residency in Australia.
Let Anand Migration simplify your path to permanent residency.
FAQs
There are three streams: Direct Entry (for new skilled migrants, usually needs skill assessment), Labour Agreement (employer has a special agreement), and Temporary Residence Transition (for existing 457/TSS visa holders working for their nominator for 3+ years). Your eligibility depends on your current visa, work history, and employer's situation.
Generally, you must be under 45 at the time of application for all streams. Some exemptions exist for specific high-demand occupations (e.g., certain academics, scientists, medical practitioners) or for those under specific transitional arrangements.
A skills assessment is mandatory for the Direct Entry Stream. It's generally not required for the Temporary Residence Transition Stream. For the Labour Agreement Stream, it depends on the specific agreement's terms.
English requirements vary: IELTS 6 (each module) for Direct Entry, IELTS 5 (each module) for Temporary Residence Transition (unless exempt), and as specified in the labour agreement for that stream. Secondary applicants over 18 usually need Functional English (IELTS 4.5 overall).
Yes, you can include your partner/spouse and children/step-children. Benefits include permanent residency in Australia, indefinite work/study rights, Medicare access, eligibility for Australian citizenship, ability to sponsor relatives, and frequent travel for 5 years.