186 Visa Requirements: A Complete Guide for Employer-Sponsored Visas

Skilled workers can migrate to Australia through the Employer Nomination Scheme (ENS). This article provides a comprehensive overview of the Subclass 186 visa in Australia, examining its key requirements, eligibility criteria, and the application process.

What Is the 186 Visa (Employer Nomination Scheme)?

The 186 subclass visa allows skilled workers from overseas to migrate to Australia. It helps the Australian government address labour shortages as the nation's economy grows by enabling qualified migrants to live and work permanently in the country.

This visa requires applicants to be nominated by an Australian employer for a specific position. While there are various requirements, visa applicants must have relevant work experience and skills for their nominated occupation.

The Subclass 186 visa offers three distinct pathways, each designed for applicants pursuing permanent residency in Australia. Each pathway requires applicants to have English language proficiency and fulfil the health and character requirements set by the Department of Home Affairs. Each stream has specific requirements, which are outlined below:

• Direct Entry Stream: For this, an approved Australian employer must nominate you for an occupation on the Department's Core Skills Occupations List.
• Labour Agreement Stream: This is ideal for skilled workers who are currently working, or will work, for an approved employer operating under a labour agreement. Upon meeting the stream's requirements, visa holders can live and work as permanent residents.
• Temporary Residence Transition Stream: Applicants nominated by their current Australian employer can opt for temporary residence transition to live and work in the country. This pathway enables employers to hire for temporary skill shortages and is ideal for temporary visa holders seeking to work in Australia.

Key 186 Visa Requirements for Applicants

The Australia 186 visa requirements vary depending on the chosen stream and the nominated occupation. Here is a detailed look at the requirements for the subclass 186 visa:

General Eligibility Criteria

• Applicants must be nominated by an employer.
• Applicants must be under 45 years of age, unless they meet an exemption criterion specified by the Department.
• Applicants must meet the Department's health and character requirements.
• Applicants must have sufficient English language skills.
• Applicants must not have any outstanding debt to the Australian government, nor have any past visa refusals or cancellations.
• Applicants must present a valid skills assessment as required for their chosen 186 visa stream.
• Applicants 18 years or older must sign the Australian Values Statement.

Skill and Qualification Requirements

Applicants must possess the requisite skills and qualifications for the nominated occupation to be eligible for the Subclass 186 visa. For the direct entry or temporary residence transition stream, you may need to present a positive skills assessment from a relevant assessing authority, proving that you possess the skills required for the nominated position.

Work Experience Requirements

The work experience requirements vary depending on the selected 186 visa stream. Here is how they compare:

• Direct Entry: Skilled workers with at least three years of relevant work experience are eligible to apply for this visa, unless they are exempt.
• Temporary Residence Transition: Applicants must hold a Subclass 457, 482, or relevant bridging visa and have at least two years of work experience in eligible sponsored employment within the three years before their application. Additionally, the employer's nomination must have been approved at least six months before your application.
• Labour Agreement: Applicants must currently be employed or plan to work for an Australian employer with a relevant labour agreement.

English Language Requirements

Irrespective of the specific stream, any applicant seeking employer-sponsored PR in Australia must present competent English language skills to be eligible.

Health and Character Requirements

All applicants must meet the Department's health and character requirements, including undergoing medical examinations and background checks. These requirements may also extend to accompanying family members.

Employer Nomination Requirements

Besides applicants, the nominating employer also has to fulfil certain requirements to nominate skilled workers. Here is a detailed breakdown of this:

Who Can Nominate a Worker

Employers with an active and lawfully operating business can nominate workers for Australian immigration. The employer must demonstrate that they genuinely require workers in the eligible occupation and have the capacity to employ them in the position for at least two years.

Nomination Obligations for Employers

• The nominated position must be genuine and available for two years after the visa grant date.
• Employers must be capable of paying the nominated worker the average annual market salary rate, or higher.
• The employer must have a lawfully operating business, meaning it adheres to the applicable workplace relations laws and regulations, including health and safety measures, employment standards, and equality.
• The nominated position must be listed on the Skilled Occupation List.

Documents Required for Nomination

Employers sponsoring 186 visa applicants must present adequate documentation as required. These generally include the application for nominating workers, paperwork proving business genuineness and compliance with Australian laws, and proof of not being able to hire from the local labour market (permanent residents or citizens) when filing.

[free_consultation]

Book a Consultation‍

If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.

[/free_consultation]

How to Apply for a 186 Visa

The Subclass 186 visa application process involves several key steps, as outlined below:

Step 1: Check Eligibility and Gather Documents

Applicants should first assess their eligibility against the criteria before proceeding with the application. Prepare all required documentation, ensuring it is accurate, relevant, and up to date. If needed, you must scan and translate documents before uploading them for your application.

Step 2: Employer Lodges the Nomination Application

Next, the employer must lodge their nomination application with the Department. This will initiate the process and also provide you with the nomination transaction reference number (TRN) to apply for the 186 visa.

Step 3: Applicant Submits the Visa Application

Once you have the TRN number, prepare all the documents and get ready to lodge your application. Before proceeding, ensure all steps are completed. Organise English exams for accurate results, complete skills assessments, prepare registration or membership documents if applicable, and keep your skills and qualifications documents handy. Visit your ImmiAccount and submit your ENS visa application.

Step 4: Wait for Processing and Decision

After applying, wait for the Department's review of your application. The Department may contact you for further information or any missed steps, if required.

Processing Time and Fees for 186 Visa

The visa application fee for the Subclass 186 visa is generally AUD4,910, subject to change. However, the 186 visa processing time can vary depending on your application details and visa circumstances, ranging from a few months to over a year. You can use this official tool by the Department to get an idea of how long your 186 visa application processing may last.

Benefits of the 186 Visa (Permanent Residency)

The 186 ENS visa is highly beneficial for both employees and employers. Here is how:

For Employees

• They can live and work in Australia indefinitely, provided they comply with visa conditions.
• They can apply for Australian citizenship after moving to the country, if eligible.
• They can also pursue educational opportunities.
• They can travel in and out of Australia for five years.
• They can sponsor eligible family members to visit Australia.
• They can access the benefits of Medicare, Australia's public healthcare system.
• Individuals in skilled migration programs can earn additional points to enhance their chances of being granted Australian permanent residence.

For Employers

• They can access the global talent pool if there is a shortage locally.
• The broader access to overseas talent means they can fill highly skilled positions that are generally harder to recruit for.

Common Reasons for 186 Visa Refusal

To achieve a smooth and successful application, understanding the grounds for refusal is crucial. Below, we have listed some of the most common reasons why the Department refuses 186 visa applications.

Incomplete or Incorrect Documentation

Whether it is your English language score, skills assessment, or character and health paperwork, every document you provide must be accurate and up-to-date. The Department uses these documents to assess your eligibility for the visa. Any incomplete, outdated, or inaccurate information can cause unnecessary delays, potentially leading to a visa refusal.

Nomination Not Meeting Criteria

If the nomination does not fulfil the required eligibility criteria, your application might be refused. This happens either way; if there are concerns about the employer's compliance or the salary is lower than the market rates, the nomination may not be viable. Similarly, if your application does not meet the criteria for the nominated position, the Department may reject it.

Skills or Experience Mismatch

Presenting sufficient skills and relevant work experience for your nominated occupation is vital. If your application cannot demonstrate this, or your skills are not relevant to the occupation, it may indicate that you lack the required experience to perform its tasks. This can lead to delays in processing or a refusal by the Department.

Failing Health or Character Checks

Meeting the Department's health and character criteria is also integral. If your medical examinations or character checks raise any concerns, the Department can either request additional information or refuse your application altogether.

How Migration Lawyers Can Help with 186 Visa Applications

The 186 visa in Australia is undoubtedly helpful. Besides allowing skilled workers to pursue better employment opportunities, it also provides them with a pathway to citizenship. However, navigating this visa journey can feel overwhelming, especially if you are new to it. From understanding what each stream includes to meeting its specific eligibility requirements and presenting supporting documents, the 186 visa application process involves several steps. Without accurate guidance, applicants may face delays or complications during the application process.

Immigration assistance is essential, and tha is where qualified migration professionals can make all the difference. They possess comprehensive experience in Australian migration processes, offering strategic guidance that helps you complete each step of your visa application process correctly. Such immigration lawyers also know how to coordinate with the Department of Home Affairs to monitor your application status and help you proceed confidently.

At Australian Migration Lawyers, our team comprises highly experienced immigration professionals who provide hands-on support throughout your application journey. They suggest ideal pathways based on your visa circumstances, clarifying each step of the process, from taking tests to display competent English skills to presenting evidence for your character check. All in all, you get step-by-step, reliable advice to avoid mistakes and submit a decision-ready application once you are nominated.

Frequently Asked Questions (FAQs)

Who Is Eligible to Apply for a 186 Visa?

While there are particular eligibility requirements applicants must meet, the basic criteria to apply is having the required skills for a skilled occupation, being nominated by an approved Australian employer, and meeting the Department's character and health requirements.

Can I Apply for a 186 Visa Without an Employer Sponsor?

No. The fundamental requirement for the 186 visa is a sponsorship from an employer, without which you cannot even start the online application.

How Long Does It Take to Process a 186 Visa?

The processing times depend on your application details and visa circumstances. However, on average, 186 visa applications can take anywhere between five months and a year for processing.

Can My Family Members Be Included in the 186 Visa Application?

While you cannot directly include them in the application, once your visa is granted and you live in Australia, you can sponsor eligible family members to enter the country.

What Happens If My Employer Withdraws the Nomination?

If your employer withdraws their nomination, the Department may refuse your visa application based on the stage of processing it has reached. In such cases, it is best to search for another viable employer for a nomination and consult a registered migration lawyer to explore the best options for proceeding.

Is the 186 Visa a Permanent Residency Visa?

Yes, the 186 visa is a permanent residency visa that allows you to live and work in Australia indefinitely, once you meet all the eligibility requirements and get visa approval.