186 Visa - Employer Nomination Scheme
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186 Visa Streams
This page covers information on the Direct Entry Stream and the Temporary Residence Transition Stream.
If you are currently sponsored by an employer and you have completed (or you are close to completing) 2 years with that sponsor and you wish to transition to permanent residency, the Temporary Residence Transition Stream may be more applicable to you.
186 Visa - Direct Entry Stream Overview
The purpose of the subclass 186 Employer Nomination Scheme (ENS) is to allow Australian employers to fill highly skilled positions with suitably qualified migrants. The scheme is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market.
The minimum requirements of the subclass 186 Employer Nomination Scheme (ENS) Direct Entry stream of this visa are set out below:
Direct Entry Stream - Employer & Position
Employer
The business seeking to employ you must:
- be actively and lawfully operating in Australia
- genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years
Position
The position to be filled must be:
- be full-time and available for at least 2 years from the time your visa is granted
- be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL)
NOTE: Certain occupations on this list will be subject to additional requirements (e.g. salary, type of business operated by employer, nature of position). Please contact us for further details based on your particular circumstances.
- have a salary that is:
- at least $73,150 per year (excluding any non-monetary benefits) AND
- at least the annual market salary rate (AMSR) for your nominated occupation
NOTES: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $73,150 per year.
The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.
You will be exempt from the AMSR requirement if your salary is more than $250,000 per year.
- be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
Direct Entry Stream - Visa Applicant
Visa Applicant
As the visa applicant, you must (unless a specific exemption applies in any case):
- have competent English i.e.
- hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
- an IELTS test score of at least 6 in EACH test component OR
- an OET test score of at least B in EACH test component OR
- a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
- a PTE test score of at least 50 in EACH test component OR
- a CAE test score of at least 169 in EACH test component
NOTES: In each case, the test must have been undertaken within the last three years.
- hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
- have your skills assessed as suitable for your nominated occupation by the relevant skills assessing authority
- have at least three years of full-time experience in your nominated occupation
- be under 45 years of age
- meet any mandatory licensing, registration or professional membership requirements
- satisfy the relevant health and character criteria
Step 1: Consultation
The first step is to schedule a consultation with one of our Registered Migration Agents. During the consultation, we will assess your situation and your background. We may also assess your employer and their organisation to determine their eligibility to nominate you in the skilled position.
We offer convenient video consultations from any device.
We can also schedule a time to contact your employer to discuss any queries that they may have.
We will send you and/or your employer a fixed fee quote following the consultation which breaks down the applicable fees for each step.
We offer split fee payments to assist you financially during the preparation stages of your visa journey.
Step 2: Eligibility Assessment
Once you engage in our services, we will conduct an initial assessment of your eligibility for this visa. This involves reviewing your qualifications, work experience, English language and other circumstances, to establish whether or not you are likely to meet the relevant requirements.
As part of this initial eligibility assessment, we will consider which MLTSSL occupation(s) you are likely to be able to nominate, and whether or not you are potentially eligible for a positive skills assessment from the relevant assessing authority for that occupation.
We will then provide you with informed and comprehensive advice about your ability to meet the minimum standards that the DOHA requires migrants to fulfil in order to be granted this direct permanent skilled visa.
Note: Our initial assessment of your eligibility does not guarantee that you will (or will not) in fact obtain a positive skills assessment.
Step 3: Skills Assessment
Should our initial assessment indicate that you are eligible for a positive skills assessment, we will prepare your skills assessment application.
For each skilled occupation listed on the MLTSSL, the DOHA has specified an assessing authority that may carry out skills assessments for that occupation. Only a skills assessment conducted by the relevant assessing authority will be accepted by the DOHA.
We will provide you with a tailored list of the information and documents required to support your application. When you have provided the necessary details and documents, along with the required assessment fee, we will lodge your application with the applicable skills assessing authority.
Step 4: Nomination Application
This application is lodged with the Department of Home Affairs (the DOHA) on behalf of your employer, and relates to the skilled position that you have been offered, which must meet the requirements referred to above. Your employer is required to supply documents to the DOHA in support of this application, the nature and extent of which will vary depending upon the particular circumstances of the business.
Skilling Australians Fund Levy
Employers must pay a one-off Skilling Australians Fund (SAF) levy for EACH subclass 186 nomination lodged with the DOHA. The amount payable varies based on the employer’s annual turnover:
- For employers with an annual turnover of LESS THAN AU$10 million, the SAF levy is AU$3,000 per nomination.
- For employers with an annual turnover of AT LEAST AU$10 million, the SAF levy is AU$5,000 per nomination.
The SAF levy must be paid upfront, at the time that the nomination is lodged.
Step 5: Visa Application
Once you have received a positive skills assessment from the skills assessing authority, and your employer’s nomination application has been lodged, we can then lodge your 186 Direct Entry Stream visa application with the DOHA.
Your visa application is lodged with the DOHA either at the same time as the nomination application, or within six months of the DOHA’s approval of the nomination. The main criterion is that you fulfil the above requirements, including the standard health and character checks.
Once the DOHA has approved both applications, you will be granted a permanent subclass 186 Employer Nomination visa. You may be in Australia or outside Australia when your visa is granted.
PLEASE NOTE: We estimate that it may take several weeks to prepare and lodge your application, with the time taken largely dependent on how promptly you and your nominator provide us with the necessary supporting information and documents.
The time that it takes the DOHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities.
186 Visa - Temporary Residence Transition Stream Overview
The purpose of the subclass 186 – Employer Nomination Scheme (ENS) is to allow Australian employers to fill highly skilled positions with suitably qualified migrants. The scheme is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market.
The requirements for the Temporary Residence Transition stream of this visa are set out below:
Temporary Residence Transition Stream - Employer & Position
Employer
The business seeking to employ you must:
- still be actively and lawfully operating in Australia
- genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years
Position
The position to be filled must:
- be full-time and available for at least 2 years from the time your visa is granted
- have a salary that is:
- at least AU$73,150 per year (excluding any non-monetary benefits) AND
- at least the annual market salary rate (AMSR) for your nominated occupation
NOTES: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than AU$73,150 per year. The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location. You will be exempt from this requirement if your salary is more than AU$250,000 per year.
be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
Temporary Residence Transition Stream - Visa Applicant
Visa Applicant
As the visa applicant, you must:
- have held one of the following visas to work on a full-time basis in the nominated position (or a very closely related position) for the nominating employer in Australia for at least 2 years before applying:
- subclass 457 Temporary Work (Skilled) visa (except Labour Agreement stream) OR
- subclass 482 Temporary Skill Shortage (TSS) be genuinely performing the tasks of your nominated occupation
- have competent English i.e.
- hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
- an IELTS test score of at least 6 in EACH test component OR
- an OET test score of at least B in EACH test component OR
- a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
- a PTE test score of at least 50 in EACH test component OR
- a CAE (C1 Advanced) test score of at least 169 in EACH test component
NOTES: In each case, the test must have been undertaken within the last three years.
- be under 45 years of age (unless exempt from this requirement)
- meet any mandatory licensing, registration or professional membership requirements
- satisfy the relevant health and character criteria
Step 1: Consultation
The first step is to schedule a consultation with one of our Registered Migration Agents. During the consultation, we will assess your situation and your background. We may also assess your employer and their organisation to determine their eligibility to nominate you in the skilled position.
We offer convenient video consultations.
We can also schedule a time to contact your employer to discuss any queries that they may have.
We will send you and/or your employer a fixed fee quote following the consultation which breaks down the applicable fees for each step.
We offer split fee payments to assist you financially during the preparation stages of your visa journey.
Step 2: Eligibility Assessment
Once you engage in our services, we will conduct an initial assessment of your eligibility for this visa. This involves reviewing your qualifications, work experience, English language and other circumstances, to establish whether or not you are likely to meet the relevant requirements.
We will then provide you with informed and comprehensive advice about your ability to meet the minimum standards that the DOHA requires migrants to fulfil in order to be granted this direct permanent skilled visa.
Step 3: Nomination Application
This application is lodged with the Department of Home Affairs (the DOHA) on behalf of your employer, and relates to the skilled position that you have been offered, which must meet the requirements referred to above. Your employer is required to supply documents to the DOHA in support of this application, the nature and extent of which will vary depending upon the particular circumstances of the business.
Skilling Australians Fund Levy
Employers must pay a one-off Skilling Australians Fund (SAF) levy for EACH subclass 186 nomination lodged with the DOHA. The amount payable varies based on the employer’s annual turnover:
- For employers with an annual turnover of LESS THAN AU$10 million, the SAF levy is AU$3,000 per nomination.
- For employers with an annual turnover of AT LEAST AU$10 million, the SAF levy is AU$5,000 per nomination.
The SAF levy must be paid upfront, at the time that the nomination is lodged.
Step 4: Visa Application
Once your employer’s nomination application has been lodged, we can then lodge your 186 Temporary Residence Transition visa application with the DOHA.
Your visa application is lodged with the DOHA either at the same time as the nomination application, or within six months of the DOHA’s approval of the nomination. The main criterion is that you fulfil the above requirements, including the standard health and character checks.
Once the DOHA has approved both applications, you will be granted a permanent subclass 186 Employer Nomination visa. You may be in Australia or outside Australia when your visa is granted.
PLEASE NOTE: We estimate that it may take several weeks to prepare and lodge your application, with the time taken largely dependent on how promptly you and your nominator provide us with the necessary supporting information and documents.
The time that it takes the DOHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities.
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How it works
Consultation
Engagement
Preparation & Lodgement
How can Migration Unity help you?
Eligibility Assessment:
Determine your eligibility for a 186 visa with an assessment from our registered migration agents.
Expert advice:
Receive professional advice on your migration options in accordance with the Migration Act and Regulations.
Strengthen your case:
Get recommendations, guidance, and support to strengthen your application and increase your chances of success.
Templates:
Provide you and your partner with our statutory declaration templates to assist you in explaining your relationship timeline and facts.
Ongoing assistance:
Receive support and guidance throughout the entire process to ensure your evidence meets the legal requirements.
Accessibility and Simplicity:
Access our secure online portal to manage your application from anywhere in the world.
Case Management:
Receive ongoing case management from a team of experienced professionals to ensure your application progresses smoothly, we liaise with the Department on your behalf.
Review and checking:
Receive a full review and final check of all supporting evidence prior to lodgement to ensure everything meets the legal requirements.
Applications and Forms:
Your registered migration agent will complete all applications and forms on behalf of you and your partner.
Clarifying your matter to the Case Officer:
Receive legally written submissions by our expert professionals in Australian immigration law to support your application when if required.
Stay Compliant:
Receive an in-depth explanation of things to look out for such as enter by dates, must not arrive after dates and travel return facilities upon visa grant.
Bridging visas:
Ensure you remain lawfully onshore whilst awaiting a decision on your application.
Post grant support:
Receive ongoing support, including record-keeping and reminders, to ensure compliance with the relevant criteria.
Next steps: Planning your Australian permanent residency and citizenship, our team can help you and your loved ones to secure a long term and stable future.
…put simply we look after the entire process for you!
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