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Things To Be Considered Before Lodging Employer Sponsored Visa Subclass 186

The employer nomination scheme subclass 186 visa allows businesses to sponsor foreign workers on a permanent visa. The nominated workers can already live and work in Australia as temporary residents or living and work outside the country. A successful visa subclass 186 application needs a nomination and a visa application.

Eligibility Requirements For An ENS Nomination

The general requirements for a valid nomination application are given:

  • The business has to be actively and lawfully operating in Australia.

  • There must be a genuine need for the visa applicant in the nominated position under direct control.

  • The business needs to have the capacity to employ the applicant in that position for two years.

  • The position has to be full-time and available for not less than two years from the time visa is granted.

  • Position has to be an occupation that is included in the current medium to long-term strategic skill (MLTSSL)

  • The position needs to have at least $53,900 per year. The salary should be as per the market salary rate for the nominated occupation.

  • The position has to be subjected to employment conditions that are not worse than Australians that apply for work in the same location.

Eligibility Requirements For Visa Subclass 186

There are three streams for the Employer Nomination Scheme Subclass 186, they are:

  • Temporary residence transition (TRT)

  • Labour agreement

  • Direct entry(DE)

Every stream has different criteria, so it is important to apply properly to enhance chances of approval.

Temporary Residence Transition Stream

The general requirements for the stream are:

  • They must have held a 457 or a 482 visa for working full-time in a nominated position for the nominating employer in Australia for at least three years in the last four years.

  • Need to be genuinely performing the task of the nominated position.

  • They need to be competent in English.

  • Need to be under 45 years of age.

  • They need to meet mandatory licensing, professional membership and registration requirements.

  • Need to satisfy the criteria for health and character.

It should be noted that a TRT stream applies to two cohorts of applicants, with individuals who applied for or held a previous 457 visa are considered under transitional provisions.

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Direct Entry Stream

DE applicants need to have an occupation currently listed on the MLTSSL instead of demonstrating that they have worked with their employer for the last three years. They can instead:

  • Have skills assessed as suitable for the occupation by the particular assessing authority

  • Have three years of post-qualification experience in the relevant occupation

  • Should have competent English

  • Need to be under 45 years of age

  • Need to meet the required registration, licensing or professional membership needs

  • Have to satisfy relevant health and character criteria

Labour Agreement Stream

The labor agreement stream is for the applicants who are currently working or will work for an employee who is a party to a labor agreement. They also need to be sponsor by an employer through a work contract. It can be directly negotiate with the department of the industry.

Can Family Members Be Included?

Employer-nominated visas may also include immediate family members. But not all family members are immediate members. The following immediate members of a family could be eligible:

  • A de-facto partner or spouse of the same/opposite sex-One needs to prove that the relationship is legitimate and that they live together permanently.

  • A stepchild or dependent child from a current or previous relationship under 18 can be consider for a family visa. Adult children between 18 and 23 are also eligible for the same.

All the members of the family that are include in the visa request have to meet the health and character requirements. If one already lives and works in Australia via an ENS visa and wants to bring more family to the country, they can apply for a family visa.

Australia offers many family visas; some are temporary while some are permanent. If a person is unsure which visa they need, they could consult with a visa professional.

Does One Need To Continue Working In Their Occupation?

While one of the conditions of applying for the visa is demonstrating skills in a specific occupation, a visa holder does not need to maintain employment once the visa is grant. This is because visa holders who qualify for an ENS visa are grant permanent residency in Australia with no conditions.

What Is The Process?

There are many steps involve in the visa subclass 186 application process. It is necessary to verify that one has met all the requirements before applying for consideration. A refusal can prove costly; some agents can help simplify the process. Some of the steps are:

  • An Australian sponsor agrees to sponsor the visa application.

  • The employer collects the relevant documents and information. They need to submit a nomination application one month from initiation.

  • The employer collects documentation and information to submit a visa application.

  • The nomination and visa applications are lodge with the immigration department within two days of submitting the visa application.

  • There is a waiting period of six months for the nomination and visa application decision.

  • The visa is finally grant in two years, and the recipient has to continue working for the employer for two more years after visa approval.

Benefits One Can Obtain From Visa Subclass 186:

With the 186 visas, the applicant and the family members included can:

  • Live, work and study in Australia for a good period

  • Can enrol in medicare for covering healthcare costs

  • Apply for Australian citizenship on the satisfaction of criteria

  • You can sponsor other eligible relatives for residing permanently in Australia

  • Visit Australia frequently for five years from the date visa is granted.

Some Recent Changes

Some changes were observed in the 186 ENS visa; those changes are-

  • Occupation list: the MLTSSL can now apply to ENS and RSMS, with additional occupations available to support regional employers for the RSMS.

  • Minimum market salary: the employers need to pay the Australian market share rate, i.e. a minimum of $53,900, and meet the temporary skilled migration income threshold.

  • Residency: the eligibility period for transitioning to permanent resilience can be extended from two to three years.

  • Work experience: three years of work experience relevant to the particular occupation will be required.

  • Age: All the applicants need to be under the maximum age requirement of 45 years during application.

  • Training requirement: the employers who nominate a worker from an ENS or RSMS visa have to pay the Skilled Australian Funds. The contributions could be payable fully at the time of nominating a worker. The amount would be $3000 for small businesses and $5000 for other businesses.

Hire Immigration Agents

People who do not have adequate information on lodge a nominated scheme could hire a migration agent in Adelaide for help. These agents can explain the various processes for filing the 186 application visa. These professionals can also be useful to help applicants with visa issues.

Due to their high expertise and skills, immigration agents in Adelaide can help people or their relatives to travel to Australia or get permit residency there. There are various migration agent Adelaide that can help applicants complete the immigration process.

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