Employer Nomination Scheme (Subclass 186)

The Employer Nomination Scheme under subclass 186 lets skilled workers who are nominated by an Australian employer live and work in Australia permanently. Approved employers can employ workers from abroad within Australia when they cannot first fill the roles with Australian Nationals or Permanent Residents due to shortages. Under this scheme, international workers are given a permanent skilled position. Applicants can work and study in Australia, enroll in Medicare, and apply for Australian citizenship if eligible.

The 186 visa has three streams via which an applicant can apply from. Each of these streams has a two-step application process. First, the international worker must be nominated by an Australian employer, and only then can they proceed to the application process. The three distinct streams of application for a 186 visa are the Direct Entry Stream, Labour Agreement Stream, and Temporary Residence Transition Stream.

Direct Entry Stream

The direct entry stream pathway under the Employer Nominated Scheme (Subclass 186) lets skilled workers, who are nominated by an employer, live and work in Australia permanently. This pathway of visa appeal is for people who have never, or only briefly, worked in Australia. This is the best avenue for people who have never worked in Australia and have been nominated by their Australian employer and also for those people who are not eligible under Temporary Residence Transition.

Eligibility criteria for the 186 visa under the Direct Entry Stream

1. Your occupation must be on the relevant list of eligible skilled occupations.
2. You must have relevant work experience of at least 3 years in the desired occupation unless exempt. Those exempt from the skills assessment are also exempt from the work experience.
3. You must have appropriate licensing, membership, or registration (if it is required for your occupation).
4. You must have the relevant skills assessment. Your skills assessment must have been obtained within the past 3 years. You can be exempt from the skills assessment if you:

• Have been nominated as an academic (university lecturer or faculty head at the Academic level A, B, C, D, or E) by an Australian University.
• Have been nominated as a scientist, researcher, or technical specialist by an Australian government scientific agency,
• Hold a Special Category Visa (Subclass 444) or New Zealand Family Relationship Visa (Subclass 461) and have worked for the employer who nominated you, in the nominated position for at least 2 years in the past 3 prior to the date you applied for this visa.

5. You must be nominated by your employer. Your employer must be eligible to nominate you and apply to do so.
6. Be under the age of 45 when invited to apply. If you are 45 or over after being invited, you can still apply. People exempt from this age restriction include those who are nominated as an academic (university lecturer or academic head) by a university in Australia, those who have a Special Category (Subclass 444) visa and have worked for your employer for more than 2 years in the past 3 immediately before you apply, and finally, if you are nominated as a scientist, researcher, or technical specialist by an Australian government scientific agency.
7. You must be able to demonstrate that you have at least competent English.
8. You must meet all necessary health requirements.
9. You must meet all character requirements
10. You must have paid back all your debts to the Australian government.
11. You must not have had previous visas canceled or refused.

Labour Agreement Stream

The labour agreement stream pathway under the Employer Nominated Visa (Subclass 186) allows skilled workers who are nominated by their employer to live and work in Australia permanently. This visa appeal is fitting for individuals who currently work, or will work, for an employer who is a party to a labour agreement. Through a formal labour agreement, employers can nominate skilled workers to fill vacant positions in their approved entities.

Eligibility criteria for the 186 visa under the Labour Agreement Stream

1. You must currently work or will work for your employer under a labour agreement.
2. You must have suitable English language skills, experiences, and attributes for the position.
3. You must have appropriate licensing, membership or registration (if it is required for your occupation).
4. You must be nominated by your employer. Your employer must be eligible to nominate you and apply to do so.
5. You must be aged under 45 when you apply (unless the labour agreement provides otherwise).
6. You must currently hold a subclass 457 or TSS visa issued under the labour agreement.
7. You must meet all necessary health requirements.
8. You must meet all character requirements.
9. You must have paid back all your debts to the Australian government.
10. You must not have had previous visas canceled or refused.

Temporary Residence Transition Stream

The temporary residence transition stream under the Employer Nominated Visa (Subclass 186) allows skilled workers who are nominated by their employer to reside and work in Australia permanently. This visa appeal has certain conditions and requirements that must be noted by the applicants to check whether they can proceed forward for a 186 visa via this stream.

To be eligible to apply for this visa, you must have held either a Subclass 457 Visa, Temporary Skill Shortage Visa (Subclass 482), or related Bridging Visas A, B, or C. Generally, you should have worked for your employer for at least 3 years on those visas and have to be nominated by an Australian employer whose nomination was approved in the 6 months before you apply.

If your Subclass 457 visa was applied for prior to 18 April 2017 and was subsequently granted, you can apply for the Employer Nominated Visa (Subclass 186) once you have worked with your sponsor for a minimum of two years (in the past 3 years). You must be under 50 years of age to apply. Otherwise, you will need to be under 45 unless exempt.

Eligibility criteria for the 186 visa under the Temporary Residence Transition Stream

1. You must have the required skills and qualifications needed for the nominated position. You may be asked by the Department to demonstrate that you have those skills.
2. You must be licensed, registered, or a member of a professional body if it is mandatory in the state or territory you intend to work in.
3. You will need to have relevant work experience. Your employer must have sponsored you to work full time on your subclass 457 or 482 visa for at least 3 years prior to nominating you for subclass 186 OR if you held the subclass 457 visa by 18 April 2017, your employer must have sponsored you to work full time for at least 2 of the 3 years prior to nominating you for this visa.

(If the business ownership of the subclass 457 or subclass 482 sponsor has changed in the last 3 years – for example, due to a business sale, takeover, or restructure – you might still be able to count the time you worked for the previous business.)

4. You must be nominated by the employer who sponsored you for the temporary work visa such as subclass 457 or 482. Your employer will need to meet eligibility requirements for nomination.
5. You must currently hold either a Subclass 457 Visa, Subclass 482 Visa, or a Bridging Visa A, B, Or C.
6. You need to meet age requirements. Generally, this is under 45 years of age unless you meet the following exceptions:

• You were granted the Subclass 457 visa prior to 18 April 2017 in which case you can be under 50 years old OR
• You were nominated as an academic (university lecturer or faculty head at academic level B, C, D, or E) by an Australian university OR
• You were nominated as a scientist, researcher, or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency OR
• As a subclass 457 or TSS visa holder, you have been working in the nominated occupation for the nominating employer for at least the last 3 years, and your earnings were as much as the Fair Work High Income Threshold for each year of that period.
• You are a medical practitioner who has worked in your nominated occupation for at least 3 years as a 457 or TSS visa holder, and for 2 of those 3 years were employed in regional Australia, and the position is in regional Australia.

7. You need to meet the necessary English requirements and have at least competent English. There are no exceptions.
8. As stated, you need to hold either a Subclass 457 visa NOT granted under a labour agreement stream, or a TSS for an occupation on the Medium to Long Term Strategic Skills List or a related Bridging Visa A, B or C. The Bridging visas must have been granted after your subclass 457 or TSS visa expired.
9. You must meet all necessary health requirements.
10. You must meet all character requirements.
11. You must have paid back all your debt to the Australian government.
12. You must not have had previous visas canceled or refused.

Privileges linked with the 186 visa

• Entitlement to stay in the country indefinitely.
• Right to study and work rights in Australia.
• Eligibility for Medicare.
• Can apply for citizenship once eligible.
• Can sponsor approved and eligible relatives for PR.
• Can travel in and out of Australia for up to five years.

Processing time and cost for a 186 visa

Average processing time

The time period for eligible applications to be processed varies under each stream and although a guaranteed processing time cannot be determined, an average standard time taken to process these applications can be determined. The processing period for the Direct Entry Stream comes to 90% in 12 months globally. The processing period for the Labour Agreement Stream comes to 90% in 13 months globally. The processing period for the Temporary Residence Transition Stream comes to 90% in 12 months globally.

The time to successfully process an application may vary depending on each case. External agencies and governmental bodies may take some time to conduct checks and verify the data presented in your application. To avoid any delays that may arise from your side, you must ensure that a complete and fully-checked application is filed on your behalf and any additional requests by the department must be handled promptly.

Average estimated cost

The fees associated with applying for 186 Visa fees are prescribed by the Department of Home Affairs and are updated from time to time which can be easily checked in the department’s online portal as well. The relevant fees are payable on the lodgment of your 186 Visa application depending upon the pathway that you are choosing.

The primary application fee of an individual applying for a 186 Visa under each stream as of now is mentioned hereunder:

• Direct Entry Stream: AU$ 4,640
• Labour Agreement Stream: AU$ 4,640
• Temporary Residence Transition Stream: AU$ 4,640

However, these fees are only a general primary fee quoted by the department as of now and changes in the amount are made as per requirement by the department itself. Additional fees are applicable for individuals who are looking to include their spouse or children in their application. The amount of additional fees varies according to the age and relationship of the included individual with the applicant. This is also constantly being updated by the Department of Home Affairs and can easily be checked from their online portal as well.

Steps to apply for the Employer Nomination Scheme (Subclass 186) 

We have a very straightforward and principled process of visa appeal which ensures you the best results. Our agents and lawyers are always with you throughout the process of your application and they will make sure that your personal application is up-to-date with all the constantly changing policies and figures. You can go through these steps in order to apply for your desired visa type:

1. Schedule a free consultation with our team through our portal where we shall go over your case briefly to provide you with the necessary recommendations.
2. After your consultation, our agents shall begin the process of preparing for your appeal. We will gather and prepare all of the documentation and perform any additional checks that are necessary to lodge a visa application.
3. We will proceed towards preparing an attractive application for your case once all documentation is checked and verified.
4. The application will be lodged on your behalf in a timely manner.

(You will be granted a Bridging Visa to stay in Australia until your outcome is decided.)

We will then notify you of the result promptly when received.