Are you working in Australia and looking for residency?

The Employer Nomination Scheme (subclass 186) visa is an employer sponsored permanent visa – you can apply for this visa if you’re a skilled worker and you have an employer who is willing to sponsor you.

There are 3 streams available:

  1. Temporary Residence Transition stream: if you are already working for your employer on a 457 visa and have worked for them on that visa for at least two years;
  2. Direct Entry stream: if you haven’t worked for your employer, or have/are working for them but haven’t for two years to fall under the Temporary Residence Transition stream; OR
  3. Agreement stream: if you are being sponsored by an employer through a tailored and negotiated labour agreement or regional migration agreement.

Am I eligible to apply?

You will be able to apply for this visa if:

  • You are a skilled worker from outside Australia; OR
  • You are a skilled worker who lives and works in Australia; AND
  • You have an Australian employer willing and able to sponsor you; AND
  • You are less than 50 years old; AND
  • You meet skills, qualifications and English language requirements.

First Stage: Online Nomination

Your employer must operate an active and lawful business in Australia to be able to sponsor you. They must show that there is a genuine need for your position in the business and offer full time hours. The position must be ongoing for a minimum of two years once your visa is granted. They must also be able to show the following:

  • Market Rate: Your employer must also show that your salary is equivalent to market rate – i.e. your salary is the same as what would apply to an Australian employed in the same occupation in the same location.
  • Training Requirements: Your employer will need to show they have been paying at least 2% of their recent payroll expenditure to an industry trading fund in the last 12 months; OR at least 1% of payroll spent on training Australian employees in the last 12 months.
  • Position is on the CSOL: Your position must appear on the current Consolidated Sponsored Occupation List in order to nominate under a 186 visa. Please click here to view the current CSOL.

Can my partner and dependant family members also be nominated?

YES – If your employer agrees to sponsor your family they are able to come/stay in Australia on your 186 visa.

Second Stage: Visa application

You must lodge this application within 6 months of the date the nomination was approved. In order to lodge a valid application you must meet English, skills and qualification requirements for the steam you are applying under.
For example, the direct entry stream requires you to have a positive skills assessment in your nominated occupation, at least three years relevant work experience and competent English (a 6 or above in IELTS).

You can find out which skills assessing body applies to your occupation by reviewing the CSOL. For more information about an IELTS test, please click here.

If you would like more information about the requirements of lodging a skills assessment, nomination and/or visa application under one of the 186 streams please contact a member of our migration team.

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