Employer Nomination Scheme Subclass 186

Who this visa is for

The Employer Nomination Scheme (Subclass 186) allows eligible Australian employers to sponsor suitably skilled overseas workers to live and work permanently in Australia.

What this visa lets you do

The Employer Nomination Scheme (Subclass 186) is a Permanent Residency visa. Once granted, it allows the holder (and any family members included in the application) to:

• stay in Australia indefinitely
• work and study in Australia (without restriction)
• travel to and from Australia for five years from the date the visa is granted
• enrol in Medicare (Australia’s universal health care scheme)
• apply for Australian citizenship (subject to eligibility)
• sponsor eligible relatives for a variety of temporary and permanent Australian visas

Note:  The five year travel restriction only prevents re-entry into Australia after the expiry of the five year period, after which time (in order to re-enter Australia), a Resident Return visa or other suitable visa will need to be obtained. It does not affect holders of this visa who are inside Australia (who are allowed to remain indefinitely).

General eligibility criteria

The Employer Nomination Scheme (Subclass 186) has three (3) streams:

• Temporary Residence Transition (TRT) stream
• Direct Entry stream 
• Labour Agreement stream.

The purpose and general eligibility requirements of each stream are set out below.

Temporary Residence Transition stream

The Temporary Residence Transition stream allows applicants who have held a Temporary Work (Skilled) visa Subclass 457 with the nominating employer to apply for Permanent Residence.

To be approved under the Temporary Residence Transition stream:

the nominating employer must:

• continue to be actively and lawfully operating
• have continued to meet the relevant training requirements
• have complied with its obligations as a Subclass 457 approved sponsor
• have no adverse information against it

the nominated position must:

• be the same (or a closely related) position as was approved for the Subclass 457 visa
  
• continue to be a genuine position
• be a full-time position available for a minimum of two (2) years from the time the visa is granted
• continue to meet the market salary rate and conditions (provide terms and conditions no less favourable than those afforded to Australian citizens and Permanent Residents in similar roles)

the visa applicant must:

• have held a Subclass 457 visa to work in the nominated (or closely related) position, with the nominating employer, for at least the two (2) years prior to application
• have at least Vocational English
• meet relevant health and character requirements

Direct Entry stream

The Direct Entry stream allows applicants who do not meet the requirements of the Temporary Residence Transition stream to be nominated by an employer for Permanent Residence.

To be approved under the Direct Entry stream:

the nominating employer must:

• be actively and lawfully operating in Australia
• meet the relevant training requirements 
• have no adverse information against it

the nominated position must:

• be a genuine position
• be a full-time position available for a minimum of two (2) years from the time the visa is granted
• be for an occupation listed on the Consolidated Skilled Occupations List (CSOL)
• provide terms and conditions no less favourable than those afforded to Australian citizens and Permanent Residents performing similar roles

the visa applicant must:

• be under 50 years of age
• demonstrate Competent English
• hold a successful skills assessment for your nominated occupation from the relevant assessing authority (unless exempted)
• have at least three (3) years of highly relevant work experience
• meet relevant health and character requirements.

Labour Agreement stream

The Labour Agreement stream is for applicants who are nominated by an employer who has entered into a Labour Agreement negotiated and agreed to be the Australian Government.

Applicants under this stream need to meet the age, skills and English language requirements provided under the relevant Agreement, in addition to relevant health and character requirements.

The above list is not intended to be exhaustive and further eligibility requirements do apply.

For more information or to see if you qualify, please make an enquiry with one of our qualified and experienced Migration Consultants.