Must-knows about Subclass 186 Employer Nomination Visa

The Subclass 186 Employer Nomination Scheme visa (186 visa) allows skilled workers, nominated by their employer to live and work in Australia permanently.

186 visa can be applied within Australia or overseas. A successful applicant must meet all relevant requirements and must be nominated by their Australian employer.

186 visa is a “shoo-in” visa. As this visa is a permanent visa, you become a permanent resident on the day your 186 visa application is granted.

Does it sound too perfect? Is this visa tedious to apply for?

Let Ascent Lawyers break it down for you!

1. 186 Visa Application Process
2. Nomination requirements for the 186 sponsoring employer
3. Requirements for the 186 visa Applicants

1. 186 Visa Application Process

186 visa allows skilled workers, nominated by their employer to live and work in Australia permanently. This visa consists of the Direct Entry Stream, Labour Agreement Stream and the Temporary Residence Transition Stream. The basic application flowchart for these three streams are similar:

Upon approval of your employer’s nomination application, you are required to submit a 186 visa application within 6 months.

Please note that the Subclass 186 visa requires both the employer and the applicant to meet the basic requirements. Failure of any requirement can result in the refusal of the application.

2. Requirements for the 186 sponsoring employer

Sponsors of the 186 visa must be an eligible business.

To be an eligible business, the business must:

1. prove the need for a skilled position is genuine;
2. offer a skilled position that is full time and ongoing for at least 2 years;
3. pay the employee more than the Annual Market Salary Rate (AMSR);
4. show that the applicant is eligible for any licence, registration or membership
5. have no adverse information known;
6. operate a business in Australia actively and lawfully;
7. pay the Skilling Australians Fund levy

For the Temporary Residence Transition stream, the employer must be the applicant’s most recent approved sponsor.

Further, the nominated occupation must be a skilled position. For more information about skilled position, please find out here.

3. Requirements for the 186 visa Applicants

In general, applicants must meet the following conditions:

1. have relevant work experience
2. need to be licensed, registered or a member of a professional body
3. have a positive skills assessment
4. be under 45 years of age when you apply (see Exemptions below)

• • Exemptions for Direct Entry stream
  • Exemptions for Temporary Residence Transition stream

5. have at least competent English , exemptions may apply.
6. meet health requirement
7. meet character requirement
8. have no outstanding debt to the Australian Government
9. not have had a visa cancelled or a previous application refused

Please feel free to contract Ascent Lawyers to arrange a 15-minute free initial consultation if you have any questions!

 For further information with regard to Subclass 186 visa application please view it here.