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This is a permanent residence visa for skilled workers who have an Australian employer who would like to nominate them for a full-time, ongoing position in their business.
The visa involves a two-step process, being a:
This is a permanent residence visa for skilled workers who have an Australian employer who would like to nominate them for a full-time, ongoing position in their business.
The visa involves a two-step process, being a:
The visa has three streams under which an applicant can potentially apply under:
This stream is for applicants who have never, or only briefly, worked in Australia and as such do not qualify under the Temporary Residence Transition Stream.
This stream is for holders of a Subclass 457 Visa who have worked for their nominating employer for two years in Australia in their nominated occupation and their employer wants to offer them a full-time, ongoing position.
This stream is for holders of a Subclass 457 Visa who have been nominated by their employer through a Labour Agreement.
The eligibility criteria for nomination comprises criteria that are common all three streams, as well as specific criteria that applies to each of the individual three streams.
The prospective employer must:
Under this stream, amongst other things, a prospective employer must:
In respect of Training Benchmarks, the employer must have either:
The employer must submit verifiable evidence that they meet one of the training benchmarks, such as tax invoices / receipts that show they have incurred expenditure on training their Australian staff.
paid the equivalent of at least 2% of payroll expenditure (salaries and wages, including superannuation) to an industry training fund for the training of Australian citizens or permanent residents; or
spent the equivalent of 1% of payroll on training for its employees who are Australian citizens or permanent residents. Amongst other things, wages and salaries paid to trainees or apprentices under registered training contracts can be included in the benchmark, as well as expenditure incurred on training courses for Australian staff.
Under this stream, amongst other things, the employer must:
Under this stream a business can nominate an applicant through a labour agreement that has been negotiated with the Australian government.
The eligibility criteria for this visa comprises criteria that are common all three streams, as well as specific criteria that applies to each of the individual three streams.
Under all three streams, the visa applicant must:
Under this stream, the visa applicant must have:
Under this stream, the visa applicant must have:
The visa applicant’s skills do not need to be assessed under this stream.
This stream is for employers who have negotiated a labour agreement with the Australian Government.
The visa applicant can lodge their visa application either inside or outside of Australia. If they lodge their application in Australia, they will be granted a Bridging Visa which will allow them to stay in Australia until their visa application is finalised. If they lodge the visa application in Australia, they must be in Australia for the visa to be granted.
If they lodge the visa application outside of Australia, they must be outside of Australia for the visa to be granted.
Our experienced immigration lawyers have successfully handled many applications under the Employer Nominated Scheme. We will ensure the application is given the best prospects of success.
We offer all our prospective clients an initial meeting, during which we will thoroughly explain the law surrounding this visa to you and inform you of the process moving forward.
To organise an initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.
The 186 visa for Australia is a permanent residency visa that is given to skilled workers who are sponsored by an eligible Australian company. This visa is often used to upgrade those already living and working in Australia, usually on a 482 visa, to a longer-term contract for ongoing and continued employment. To qualify for a 186 visa, the applicant must complete a skills assessment that qualifies them as a skilled worker within the profession they are applying for and must have the relevant qualifications and work experience to back up their application. This employer nominated scheme can be used as a pathway towards Australian citizenship for workers wanting to permanently stay in Australia.
There are three main changes to the 186 visa for Australia aimed at easing the restrictions for those applying for permanent residency. Occupation Lists have been removed as a requirement for the employer nominated scheme, opening the applications for this visa type up to more skilled workers. The requirement for 3 years of relevant work experience has been reduced to a requirement of a minimum of 2 years work experience for those on skilled worker visas to apply for permanent residency through employer sponsorship. The age limit for high-income skilled workers and regional medical practitioners has been removed, meaning that people who meet these criteria over the regular age limit of 45 can still apply for employer-sponsored permanent residency.
The 482 visa allows the skilled visa holder to live and work in Australia temporarily, while the 186 visa is a combined application for permanent residency in Australia. The 482 visa is applicable for those who are only planning on remaining in Australia for a limited duration as a skilled worker but this visa is also used as a pathway to gain the required work experience to apply for a 186 visa through the employer nominated scheme.
For an employer nomination approval, the general wait time is approximately 4-6 weeks from the date of lodging, providing that all necessary documentation has been correctly submitted. For more difficult nominations, the process can sometimes take up to 9 weeks for final approval to be granted.
If you would like to proceed with our firm or require further information, simply complete our enquiry form below or email or phone us.
Send your message through our Enquiry Form and we’ll respond within 24 hours. Or, if you prefer, you can email or directly call us.
After an initial discussion, we can organise a confidential consultation with our legal experts to discuss all of your immigration needs.
We can come to you, you can come to us, or we can have a video or phone conference – whatever works best for your situation.
The Immigration Lawyers practice solely in the field of Australian immigration law. Contact us for local expertise and give your visa application the best chances of success.
