Employer Nomination Scheme (subclass 186)
Employer Sponsorship Program (Subclass 186)
The Category 186 Employer Sponsorship Program offers a pathway to permanent residence for skilled international workers who have secured a nomination from an employer in Australia. This visa category is designed to fill the labor gaps by enabling Australian employers to sponsor qualified overseas professionals.
Understanding the Two-Pronged Application Method
Engagement by an authorized Australian company for a requisite role or profession essential to the enterprise’s operations. Submission of the visa petition by the qualified international professional through the designated category. Candidates may be within or outside Australian borders during the visa submission. Nevertheless, those in Australia must hold a valid substantive visa or be on a bridging visa A, B, or C to apply.
Eligibility Pathways for the ENS Visa
- The Pathway of Temporary Residence Transition Qualification for this path could be possible if you hold a 457 visa, have dedicated two years (excluding any unpaid leave) to work in Australia in the same field with your current employer, who is now prepared to extend a permanent job offer in your role.
- This pathway does not necessitate a Skills Assessment. However, an English proficiency level comparable to IELTS 5 (in each component) is mandatory unless there are exemptions. Moreover, dependents over 18 years must demonstrate Functional English proficiency (Overall IELTS 4.5 or its equivalent) in the preceding 12 months unless exempted.
- The Direct Entry Pathway This avenue is open if you haven’t previously held a 457 visa but possess at least three years of professional experience in your nominated occupation and have sponsorship from an employer for that specific role, you can file your application under the Direct Entry Stream.
- A Skill Assessment is compulsory for this stream. Likewise, English proficiency equivalent to IELTS 6 (each component) is expected. Moreover, any dependents over 18 years must prove Functional English proficiency (Overall IELTS 4.5 or its equivalent) within the last year.
- The Labour Agreement Pathway Applicable for individuals sponsored by an Australian employer under a labour agreement.
- Notice: The CSOL and SOL were replaced by the STSOL and the MLTSSL on April 19, 2017, which are now amalgamated into a Combined List of Eligible Skilled Occupations.
- The STSOL and MLTSSL lists are subject to revision on July 1st, 2017.
- Accordingly, for the 186 visa, the employer’s nomination must align with an occupation listed under the STSOL or the MLTSSL.
Advantages of Holding a 186 Visa
Holders of the 186 visa and their included family members can:
- Settle, engage in education and employment indefinitely in Australia Access Medicare for healthcare provisions Pursue Australian citizenship if eligibility requirements are met Endorse other qualifying kin for permanent residency Revisit Australia frequently over a 5-year span from visa issuance
Prerequisites for Applicants
To qualify for this visa, you must:
- Be under 50 years of age, with certain exceptions to this rule Receive a nomination from an employer lawfully operational in Australia Lodge your visa application within six months following the nomination Possess the appropriate skills and credentials for the nominated job Provide proof of English Language proficiency unless exempted Satisfy health and character stipulations Meet the specific requirements of the chosen stream **Note: Starting from July 1st, 2017, applicants under 45 years of age are eligible for the Direct Entry stream.
- Come March 2018, all 186 visa candidates must be 45 years of age or younger. Moreover, under the Temporary Residence Transition Stream, at least three years of pertinent work experience will become mandatory.
Qualification Criteria for Sponsoring Employers For the sponsorship of this visa, as an employer, you must meet the following qualifications:
You are required to be an active, legally established entity in Australia You need to have satisfied the training benchmark requirements, which are either Training Benchmark A or B (1% or 2% investment) You should have a real need to employ a skilled worker in a full-time role for a minimum of two years You are expected to adhere to all Australian immigration and workplace legislation Your remuneration packages must align with current industry standards You must fulfill the specific requirements of the nomination stream you are applying under (e.g., Temporary Residence Transition, Direct Entry, or Labour Agreement) Your business operations should be free of any adverse information that may affect your eligibility
Health and Character Standards
To be considered for the visa, all applicants and their included family members must:
- Undergo medical examinations within the previous 12 months before submitting the visa application and provide the certificates Submit police clearance certificates proving a clean criminal record for the past ten years
- Inclusion of Family Members in Your Visa Application Your visa application may cover the following dependents:
- Your spouse or de facto partner Your or your spouse’s children, including stepchildren Navigating the complexities of the 186 Visa application can be daunting, involving stringent skill assessments, stream selection, and the demonstration of various exemption criteria for age, skills, and language proficiency.
At the Echoes Group, our team of proficient and experienced migration consultants has guided a substantial number of clients through the Employer Nomination Scheme visa process successfully. Boasting over 8 years of expertise in the field of immigration services, we stand prepared to evaluate your qualifications, identify the most suitable nomination stream, and facilitate a positive application outcome.
DISCLAIMER: This information is provided for general understanding only and does not constitute legal advice. Always refer to the latest information directly from the Department of Home Affairs at Department of Home Affairs Website
FAQ
If you are applying this visa under the post-study work stream, a skill assessment is not needed.
Only if you are applying under the Graduate stream, you must provide an evidence of having your skills assessed by the relevant authority.
While the checklist varies depending on different cases, some of the common documents required are:
- Current passports or travel documents
- Copy of birth certificate showing parents of both primary applicant and the spouse
- Evidence of name change
- Certified copies of marriage certificates
- If you are in de facto relationship, evidence showing a relationship for at least 12 months is required
- If the spouse is widowed, divorced or separated permanently, a certified copy of death certificate, divorce or separation documents are required.
- Health & Character documents
Visa Subclass
- Employer Nomination Scheme (subclass 186)
- Temporary Skill Shortage Visa (Subclass 482)
- Skilled Employer Sponsored Visa – Subclass 494
- Training Visa (Subclass 407)
- Temporary Work Visa (Subclass 457)