Permanent Working Visa: Subclass 186 Employer Nomination Scheme Visa

This visa relates to sponsors seeking to permanently employ overseas entrants to work in Australia.

In summary, you can apply for this visa if:

  • You are nominated by an approved Australian employer who will nominate you for a position in their business that is located in Australia
  • You meet the age requirements
  • You meet the skills and qualifications requirement
  • You meet the employment requirement
  • You meet the English language requirement

This visa has three pathways subject to meeting the eligibility requirements:

  • 1

    Temporary Residence Transition Stream (This is for holders of a subclass 457/482TSS visa for two out of the last three years, and their employer wishes to offer them a further permanent full-time position for a term of at least 2 years under the same occupation as their most recent approved nomination application.

  • 2

    Direct Entry Stream (This is for people who have been offered a permanent full-time position for a period of at least 2 years with an eligible Australian employer  and who have either never previously worked in Australia or who are already working in Australia.

  • 3

    The Agreement Stream (This is for people who are sponsored under either a labour or a Designated Area Migration Agreement (DAMA).

IMMICON can assist you if you

  • Are being sponsored for the first time;

  • Are currently the holder of a subclass 457/482TSS visa and are interested in permanent sponsorship;
  • If you do not have a company to sponsor you and want to lodge an expression of interest through SkillsSelect; this program enables Australian employers as well as State and Territory Governments view your details and decided if they want to nominate you under the Skilled Migration program;

The Subclass 186 Employer Nomination Scheme visa process comprises of 2 application stages.

Company Nomination

This is where the company is assessed to ensure that it will be able to meet its obligations. This includes that:

  • It is lawfully operating a business in or outside of Australia;
  • There is a genuine need for a paid employee to fill a skilled position;
  • The position is a genuine and permanent in the business, that will be full-time and ongoing with a contract term of at least 2 years;

  • Comply with Immigration and Workplace Laws;
  • Have no adverse information about your business;
  • Nominate a skilled occupation that is on the approved list;
  • Pay the Skilling Australia Fund (SAF) when the nomination application is submitted

  • Demonstrate financial capacity

The business will be required to demonstrate the following:

  • That the occupation is relevant to the position that is being filled and there is a genuine need for this position
  • The skills and experience that is required to perform the duties of the position
  • That the terms and conditions of employment are equivalent of the terms and conditions of employment for the Australian employees that are employed by the business;
  • That the salary being paid meets the Australian Market Salary Rates (AMSR);

  • The location of the position;
person using laptop

Visa Application

This stage of the applications is where the Department assesses the following:

  • That you have the relevant skills to undertake the position that you have been nominated for. The requirement for this change depends on the pathway stream that you are applying under.

    • For the 186(DE) Direct Entry Stream, you would need to undertake a skills assessment and have at least 3 years of full-time employment experience.
    • For the 186(TRT) Temporary Transition Stream, you would need to demonstrate that you have been employed full-time as the holder of a 482 visa and that the most recent nomination is with the current sponsor.
  • That you hold registration and licensing where applicable;
  • Unless exempted that you meet the English language requirements;
  • That you meet certain health & character requirements;
  • That you are under the age of 45, unless you meet an age concession;

If you are interested in more information

If you are interested in having a discussion about whether you meet the eligibility criteria, please book an appointment for an online consultation.