Subclass 186 Visa

This visa enables employers in Australia to sponsor a skilled worker for permanent visa where employers can’t source an appropriately skilled worker who is an Australian Citizen or Permanent Resident.

Subclass 186 Visa Overview

Employer Nomination Scheme (ENS) – Subclass 186 Visa

The Employer Nomination Scheme (ENS) facilitates the sponsorship of foreign workers by Australian employers for permanent residency to address genuine labor shortages within their organizations. The ENS visa comprises three distinct streams: Temporary Residence Transition (TRT) Stream, Direct Entry (DE) Stream, and Labour Agreement (LA) Stream.

186 Direct Entry Stream

The Direct Entry (DE) Stream of the Subclass 186 visa enables employers to recruit overseas workers who have not previously worked in the Australian labor market. This stream is also available to individuals residing in Australia who do not qualify for the TRT Stream. To be eligible, the nominated occupation must be included in the 186 Visa occupation list at the time of nomination.

Labour Agreement Stream

The Labour Agreement Stream is designated for individuals sponsored by employers who have an active labor agreement in place.

Temporary Residence Transition Stream

The Temporary Residence Transition Stream is intended for holders of the TSS visa (Subclass 482) or Subclass 457 visa who have been employed by their sponsor for a minimum of three out of the last four years prior to nomination. Employers wishing to offer permanent positions in the same occupation must ensure that applicants have worked for them for at least two out of the last three years to qualify under the transitional arrangements.

Inclusion of Family Members

Applicants may include their spouse or partner and dependent children in their Subclass 186 visa application.

Subclass 186 Visa Fees

• Base application charge: AUD 4,770
• Additional applicant charge for applicants aged 18 and older: AUD 2,385
• Additional applicant charge for applicants under 18: AUD 1,190
• Nomination application fee: AUD 540
• Skilling Australia Fund Levy: AUD 3,000 for businesses with an annual turnover of less than AUD 10 million or AUD 5,000 for those with an annual turnover of more than AUD 10 million.

Processing Times for Subclass 186 Visa

• Direct Entry / Labour Agreement Stream: 75% of applications processed within 7 months, 90% within 9 months.
• Temporary Residence Transition Stream: 75% of applications processed within 17 months, 90% within 21 months.

Nomination Application Requirements for Subclass 186 Visa

Eligible Nominators

Nominators can include individuals, partnerships, bodies politic, corporations, or unincorporated associations. Common business structures include sole traders, partnerships, proprietary companies, public companies, government departments, statutory authorities, and not-for-profit organizations.

Contribution to the Skilling Australia Fund (SAF)

Nominations must include the applicable SAF levy as part of the nomination application.

Absence of Adverse Information

There must be no known adverse information concerning the nominator or associated parties, or it must be reasonable to disregard such information.

Compliance with Employment Legislation

The nominator must demonstrate a satisfactory record of compliance with relevant Commonwealth and State/Territory workplace relations laws, which may be verified through resources such as the Department of Jobs and Small Business (DJSB) or the Fair Work Ombudsman.

Genuine Employment Need

The nominator must demonstrate a legitimate requirement to employ the identified individual in the nominated position.

Full-Time Employment Requirement

The identified individual must be employed in the nominated position on a full-time basis for a minimum of two years, with the employment contract allowing for possible extensions.

Financial Capacity

Nominators must possess sufficient financial resources to employ the nominee for a minimum of two years and pay the market salary rate.

Direct Entry Stream Requirements

Business Operation

Nominators must be actively and lawfully operating a business in Australia to qualify for a Direct Entry nomination. Verification involves confirming registration with relevant authorities such as the Australian Tax Office (ATO) and the Australian Securities and Investment Commission (ASIC).

Nomination Criteria

A nomination under the Labour Agreement Stream is contingent upon the existence of a valid labor agreement with the Department, including access to a permanent visa pathway.

Relevant Work Experience

Most applicants for the DE Stream are required to have a minimum of three years of relevant work experience in their occupation unless exempt.

Positive Skills Assessment

Applicants must generally provide a positive skills assessment indicating their qualifications for the nominated position.

English Language Proficiency

Applicants must demonstrate at least competent English proficiency, with the following minimum scores for accepted tests:

• IELTS: Minimum score of 6 in each component
• TOEFL iBT: At least 12 in listening, 13 in reading, 21 in writing, and 18 in speaking
• PTE: Minimum score of 50 in each component
• OET: Minimum score of B in each component
• Cambridge C1 Advanced: Minimum score of 169 in each component

Post-Visa Grant Conditions

If the applicant is outside Australia upon visa approval, they must enter the country before the date specified in the visa grant letter. Visa holders must not marry or enter into a de facto relationship prior to entering Australia if they meet the secondary criteria for the grant.

Labour Agreement Stream

The Labour Agreement Stream allows approved businesses to sponsor skilled overseas workers in response to identified needs that cannot be satisfied by the local labor market.

Pathway to Permanent Residency

Permanent residency under this stream is available only if included in the negotiated subclass 457 or subclass 482 labor agreement.

Nominator Requirements

A nomination can only be approved under this stream if it adheres to the requirements set out in the relevant labor agreement.

Occupation Specifications

Nominations are only approved for occupations explicitly listed in the labor agreement and where there are nomination ceilings available.

Compliance with Labour Agreement Requirements

Nominations must meet all specific criteria outlined in the applicable labor agreement.

English Language Requirement

Applicants must demonstrate at least competent English proficiency, with minimum scores as follows:

• IELTS: At least 4.5 in each component
• TOEFL iBT: Total band score of at least 32 across all components
• PTE: Total score of at least 30 across all components
• Cambridge C1 Advanced: Total score of at least 147 across all components

Temporary Residence Transition Stream (TRTS)

Pathway for Existing TSS or Subclass 457 Visa Holders

Applicants must have worked for their nominating employer on a Subclass 482 or Subclass 457 visa for at least three years (excluding unpaid leave) before applying for the TRTS visa.

Nomination Conditions

Nominations under this stream must comply with the requirements specified in the relevant labor agreement.

Transitional Arrangements

Certain applicants may be eligible for transitional arrangements based on their visa history, including:

• Transitional 457 Worker: Individuals who held a subclass 457 visa on or after April 18, 2017.
• Transitional 482 Worker: Individuals who held or applied for a subclass 482 visa in the medium-term stream on or after March 20, 2019.

Work Experience Requirements

Applicants must have worked with the nominating employer for a minimum of three years in their nominated occupation on a Subclass 482 or Subclass 457 visa. Skills assessments may not be required for applicants under this stream, although case officers may request them if deemed necessary.

English Language Proficiency for TRT Stream

Applicants must demonstrate at least competent English proficiency, with the following minimum scores:

• IELTS: Minimum score of 6 in each component
• TOEFL iBT: At least 12 in listening, 13 in reading, 21 in writing, and 18 in speaking
• PTE: Minimum score of 50 in each component
• OET: Minimum score of B in each component
• Cambridge C1 Advanced: Minimum score of 169 in each component.

Frequently Asked Questions:

1. What is the 186 visa?

The 186 visa, also known as the Employer Nomination Scheme (ENS) visa, allows skilled workers who are nominated by an Australian employer to live and work in Australia permanently. It is designed for individuals who possess skills and qualifications that are in demand in the Australian labor market.

2. What are the eligibility requirements for the 186 visa?

To be eligible for the 186 visa, applicants must have a valid job offer from an Australian employer, meet specific skills and qualifications requirements, and be nominated by that employer. Additionally, applicants must demonstrate competency in the English language and meet health and character requirements.

3. How long does the application process take for the 186 visa?

The processing time for a 186 visa application can vary depending on various factors, including the complexity of the application and the completeness of the documentation provided. On average, processing times can range from several months to over a year. It is advisable to submit a well-prepared application to minimize delays.

4. Can I include my family members in my 186 visa application?

Yes, applicants can include eligible family members in their 186 visa application. This may include partners, dependent children, and other qualifying relatives. Each family member will need to meet the visa requirements, including health and character assessments.

5. What should I do if my 186 visa application is refused?

If your 186 visa application is refused, you may have the option to appeal the decision to the Administrative Appeals Tribunal (AAT) or reapply for the visa. It is essential to carefully review the reasons for the refusal and seek professional advice to determine the best course of action moving forward.

Disclaimer: Aussie Migration Services Pty Ltd and its associates are independent consulting entities and are not affiliated with the Australian Department of Home Affairs (DOHA). The information provided herein does not constitute personal migration advice. For tailored migration guidance based on individual circumstances, please contact one of our Immigration Consultants or register your interest with our Associates.