Employer Nomination Scheme (subclass 186)

Features

This visa is a permanent residence visa for skilled workers. It allows you to work in Australia below one of three streams:

  • --The Temporary Residence Transition stream
  • --The Direct Entry stream
  • --The Agreement stream.

Requirements

You might be capable to get this visa if you:

  • --Have been nominated by an approved Australian employer
  • --If you are under the age of 50 years, unless you are exempt
  • --Meet the skills, qualifications and English language requirements, unless you are excused
  • --Apply under the stream for which you were nominated.

The Employer Nomination Scheme visa (subclass 186) is for skilled workers who desire to work in Australia. This visa involves a two-step process, firstly, nomination by an approved Australian employer and then an application under the nominated stream. It is part of the Permanent Employer Sponsored Visa program.

This visa is a permanent residence visa. You can be in or outer Australia when you apply. If you are in Australia, you must hold a substantive visa or a bridging visa A, B or C.

The visa has three streams:

  • -The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same profession with their nominating employer (who has lodged a valid selection with us under the Temporary Residence Transition stream), who wants to offer them a permanent position in that occupation.
  • --The Direct Entry stream is for:
  • -People who have been nominated by their employer under the Direct Entry stream
  • -People who have never, or only briefly, worked in Australia, or
  • -Temporary residents who do not qualify for the Temporary Residence Transition stream
  • --The Agreement stream is for people sponsored by an employer through a labor agreement.
  • You can apply for this visa only after you have been designated by an employer in Australia.

    Expression of interest

    If you do not have an employer who will recommend you, you can submit an Expression of Interest (EOI) through Skill Select. Potential employers and state and territory governments can then view your details and decide whether to nominate you for skilled migration.

    Your EOI must identify which stream you want to be considered for. No supporting documents are required at this time. You can lodge your EOI while you are in or outside Australia.

    Information about business and employment in a variety of states and territories is available:

    • --Australian Capital Territory
    • --New South Wales
    • --Northern Territory
    • --Queensland
    • --South Australia
    • --Tasmania
    • --Victoria
    • --Western Australia

    No further stay

    Contact us if you are not sure whether your current visa conditions prevent you from applying for a further visa while you are in Australia. Applicants holding substantive visas with no further stay condition may be able to lodge applications for this visa in certain circumstances.

    Your passport

    You need an applicable passport or other travel document for this visa. If you plan to get a new passport, you should do so before applying for your visa. If you get a new passport after you have lodged your application, give the details of your new passport to one of our offices.

    You might be able to update your passport details using Immi Account.

    The visa application charges are listed in Fees and charges.

    Second instalment

    You will need to pay the second installment of the visa application charge if you have less than efficient English and you are a secondary applicant over 18 years of age or you are a primary applicant who was exempt from the English language obligation on the basis of high income.

    The second installment of the visa application charge must be paid before a visa can be granted. The payment covers up to three years of English language instruction through the Adult Migrant English Program.

    You will not need to pay the second installment of the visa application charge if you were nominated as a minister of religion who does not have functional English, or you are a member of his or her family.

    Information on how to prove functional English is available.

    Other costs

    You might have to pay other costs, such as the costs of health evaluations, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.

    Who could get this visa?

    You might be able to get this visa if you:

    • --Have been designated by an approved Australian employer within the six months before you apply
    • --Are under the age of 50 at the time of application, unless you are excused
    • --Have the required skills and qualifications for the position (at time of application lodgment you must have the necessary skills and qualifications for the position you have been nominated for – you must hold any obligatory registration, license or professional membership, or you must already be fully assessed as suitable by the relevant body)
    • --Have the obligatory skills and qualifications for the position
    • --Have suitable English language skills (at the time of application lodgment), unless you are exempt
    • --Meet health and character necessities
    • --Meet the requirements of the stream in which you apply for the visa.

    Age requirements

    Even if you are older than 50 years of age, you can still apply for this visa if you:

    • --Are designated as a senior academic by a university in Australia
    • --Are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian government scientific organization
    • --Are designated as a minister of religion by a religious institution
    • --Are a medical practitioner who has been working for your nominating employer as the possessor of a Subclass 457 visa or a Subclass 422 visa for at least four years right away before applying, and the nominated position is located in regional Australia
    • --Are a medical practitioner who has been working for your nominating employer as the holder of a Subclass 422 visa before becoming the owner of a Subclass 457 visa for two years in the four years immediately before applying, and the designated position is in regional Australia
    • --Are applying through the Direct Entry stream and you hold a Subclass 444 (New Zealand citizen) or Subclass 461 (New Zealand citizen's family member) visa and you have been working for the employer who designated you for at least two years in the last three years instantly before making the application
    • --Are applying through the Temporary Residence Transition stream, and you have been working for your nominating employer as the holder of a Subclass 457 visa for at least four years immediately before applying, and that employer compensated you at least as much as the Fair Work High Income Threshold in each of the four years
    • --Are applying through the contract stream and the relevant labor agreement allows for a person who has turned 50 to be employed.

    More information on these exemptions is in Classes of Persons (Exempt from the Age Criteria).

    English language requirements

    You can show that your English is adequate by providing the following evidence at the time of application:

    • --Accomplishing the required International English Language Test Score (IELTS) either for the Temporary Residence Transition stream or the Direct Entry stream in a test that has been conducted within three years immediately prior to the date of application lodgment
    • --Scoring at least 'B' in each component of the Occupational English Test (OET) for the Temporary Residence Transition stream or the Direct Entry stream in a test that has been accomplished within three years immediately prior to the date of application lodgment
    • --Owning a passport from the United Kingdom, the United States of America, Canada, the Republic of Ireland or New Zealand.

    You might not need to show sufficient English language skills if you:

    • --Are to be employed by a religious institution and you were designated as a minister of religion
    • --Have chosen earnings at least equivalent to the current Australian Taxation Office top individual income tax rate (currently AUD 180 001), however if you are not able to demonstrate that you have functional English, you will be required to pay the second installment of the visa application charge
    • --Are pertaining through the Temporary Residence Transition stream and:
    • -You have accomplished at least five years of full-time study in a secondary or higher education institution
    • -All of the instruction was delivered in English.

    More information on these exemptions is in Classes of Persons (Exempt from the English Criteria).

    Health requirements

    You must meet certain health necessities. The results of your health examinations are usually valid for 12 months.

    This applies to all dependent family members included in your application, whether they are migrating or not.

    You are able to organize your health examinations sincere before lodging a visa application.

    Character requirements

    You must meet certain character requirements. You must provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age.

    This also relates to all dependent family members in the application who are 16 years of age or older.

    Temporary Residence Transition stream

    You will be able to get this visa under the Temporary Residence Transition stream if you:

    • --Own a Temporary Work (Skilled) visa (subclass 457)
    • --Have at least vocational English (unless you are exempt from this requirement), which you can reveal if you:
    • -Have a score of at least 5 for each of the four test IELTS components (speaking, reading, listening and writing) in a test that has been accomplished within three years immediately prior to the date of lodgment of your application, or
    • -Have a score of at least ‘B’ in each of the four components of an Occupational English Test that is pertinent to your occupation in a test that has been conducted within three years immediately prior to the date of lodgment of your application, or
    • -Hold a legal passport issued by the United Kingdom, the United States, Canada, New Zealand or the Republic of Ireland
    • --Worked for two years in the same position your employer nominated you for while you held your subclass 457 visa as the primary visa holder, your employer has nominated you for a permanent position under this stream, and the nomination has been approved.

    Your skills do not need to be charged because you have already worked for your nominating employer for two years in Australia.

    Direct Entry stream

    You might be able to get this visa under the Direct Entry stream if one of the following apply:

    • --You have been designated for a position under this stream and that nomination has been approved
    • --You have never, or only briefly, worked in Australia
    • --You hold a Temporary Work (Skilled) visa (subclass 457) but do not qualify for the Temporary Residence Transition stream
    • --You are applying directly from outside Australia.

    At time of application lodgment, you must give evidence with your online application that you:

    • --Have at least competent English (unless you are exempt from this requirement), which you can reveal if you:
    • -Have a score of at least 6 for each of the four test IELTS components (speaking, reading, listening and writing) (in a test conducted within three years immediately prior to the lodgment of your visa application), or
    • -Have a score of at least 'B' in each of the four components of an Occupational English Test that is relevant to your occupation (in a test that has been conducted within three years immediately prior to the date of lodgment of your visa application), or
    • -Hold a valid passport issued by the United Kingdom, the United States, Canada, New Zealand or the Republic of Ireland
    • --Have at least three years of related work experience
    • --Have a positive valid skills assessment in your designated occupation (the skill assessment must be conducted by the relevant assessing authority listed in the Consolidated Sponsored Occupation List (CSOL). Skills assessments gain for a Subclass 485 visa will not be accepted as these types of skills assessments are not considered full skills assessments for permanent skilled migration purposes. A skills assessment is only valid until the expiry date specified on the assessment, or for a period of three years from the assessment's date of issue, whichever happens first.

    You might not have to meet the skill assessment and work experience requirements if you:

    • --Were designated as an academic by a university in Australia
    • --Were nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian government scientific agency
    • --Were designated as a minister of religion by a religious institution
    • --Have chosen earnings at least equivalent to the Australian Taxation Office top individual income tax rate (currently AUD180 001)
    • --Are in Australia as the holder of a Special Category visa (subclass 444) or New Zealand Citizen Family Relationship visa (subclass 461) and have worked with your nominating employer in your selected occupation for the past two years (not including any period of unpaid leave) in the three years before you apply for this visa.

    More information about these exemptions is in Classes of Persons (Exempt from the Skill Criteria).

    Agreement stream

    You might be able to get this visa under the Agreement stream if you are being sponsored by an employer through a labor agreement. Your employer can give advice you if such an agreement is in place for your industry or occupation.

    You must meet the age, skills and English language requirements stated in the agreement.

    Including family in your application

    You can include the following people in your visa application:

    • --Your partner (married or de facto)
    • --You or your partner’s dependent children
    • --Other dependent relatives.

    These family members must meet the necessities for including family members in your application. The application must comprise documentary evidence of their relationship to you.

    Your family members must be able to explain that they meet health and character requirements.

    Visit us for more information call 0112824234 or 0112824235 or send us an email to info@australianvisapartners.com