Employer Nomination Scheme (Subclass 186)
The Employer Nomination Scheme visa (Subclass 186) is a pathway for skilled workers who have been nominated by their employers to live and work in Australia permanently. This visa offers several advantages, including the opportunity to stay in Australia indefinitely, work and study, access Australia's public health care system (Medicare), sponsor eligible relatives, travel to and from Australia for up to 5 years, and, if eligible, apply for Australian citizenship.
The Employer Nomination Scheme visa (Subclass 186) features a Direct Entry stream, specially designed for skilled workers nominated by employers to live and work in Australia permanently. It is suitable for applicants who do not qualify for the Temporary Residence Transition stream or the Agreement stream.
The visa application fee for the Employer Nomination Scheme visa (Subclass 186) is AUD4,640.00 for the main applicant. Additionally, there is a charge for each family member included in the application. Family members who are 18 years or older and have less than Functional English proficiency are required to pay a second installment fee of AUD4,890. Other costs may include health checks, police certificates, and biometrics.
The exact costs can be calculated using the Visa pricing estimator, excluding the second installment and other additional expenses.
As a visa holder, you and your family members must comply with all Australian laws. It is expected that you will work for your nominating employer for a minimum of 2 years. You are required to commence your employment within 6 months of either entering Australia or the visa grant date, depending on whether the visa was granted outside or inside Australia.
The processing time for the Employer Nomination Scheme visa (Subclass 186) varies depending on individual cases. However, based on historical data, the average processing times are as follows:
– Minimum processing time: 4 months
– Maximum processing time: 16 months
Please note that application processing times may be longer if the application is incomplete, lacks necessary documents, or requires additional information. Submitting a complete application with all the required supporting documents can expedite the processing time.
To be eligible for the Employer Nomination Scheme visa (Subclass 186), you must meet the following criteria:
- **Occupation:** Your occupation must be listed as eligible on the relevant list of skilled occupations.
- **Work Experience:** Unless exempt, most applicants must have a minimum of 3 years of relevant work experience in their occupation. Applicants exempt from the skills assessment requirement are also exempt from the work experience requirement.
- **Licensing, Registration, or Membership:** If mandatory in the state or territory where you intend to work, you must hold the required license, registration, or membership in your profession.
- **Skills Assessment:** In most cases, you need to provide a skills assessment that demonstrates your skills and qualifications for the nominated position.
- **Nomination:** You must be nominated by an Australian employer who operates a lawful and active business. The visa application must be lodged within 6 months of the nomination approval. The visa cannot be granted if there is adverse information about your nominator, if the nomination is withdrawn, or if the position is no longer available. A new nomination cannot be linked to an existing visa application, and in such cases, you may need to withdraw the first application and submit a new one.
- **Age:** Generally, you must be under 45 years of age when applying for the visa. However, there are exemptions for certain categories, such as academics nominated by an Australian university, scientists, researchers, technical specialists nominated by an Australian scientific government agency, or individuals holding a Special Category (subclass 444) or New Zealand citizen’s family member (subclass 461) visa who have worked for the nominating employer for at least 2 years in the last 3 years.
- **English Language Proficiency:** You must have at least competent English language skills to be eligible for this visa.
- **Immigration History:** Your immigration history will be considered during the application process. Having a visa canceled or a previous application refused may affect your eligibility for the Employer Nomination Scheme visa.
**FOR SPONSORS:**
**Overview:**
Sponsoring an employee for the Employer Nomination Scheme visa (Subclass 186) comes with specific requirements and obligations. Here’s an overview for sponsors:
**Cost to Nominate:**
The nomination fee for sponsoring an employee for the Employer Nomination Scheme visa is AUD540. Additionally, sponsors are required to pay the Skilling Australians Fund levy.
**How Long Nominations Last:**
Approved nominations will end if the nominated employee does not apply for the Subclass 186 visa within 6 months of the nomination approval or if the employee’s visa application is refused.
**Nominators Must:**
As a sponsor, you have certain responsibilities and obligations, including:
– Employing the worker under terms and conditions that are no less favorable than those offered to Australian citizens or permanent residents in the same role at the same location. This includes factors such as salary, working hours, and leave entitlements.
– Paying the worker the annual market salary rate.
– Complying with Australian immigration and workplace relations laws.
**Eligibility:**
To be an eligible business and sponsor an employee for the Employer Nomination Scheme visa (Subclass 186), you must meet the following criteria:
**Be an Eligible Business:**
– Your business should have no adverse information known about it or any associated person. However, if there is adverse information, it may be reasonable to disregard it.
– Your business must be actively and lawfully operating in Australia.
– If your business provides labor to other unrelated businesses, the nominated position must be within your own business activities and not for hire to other unrelated businesses.
– Your business must have a genuine need for a paid employee to fill a skilled position.
– You are required to pay the Skilling Australians Fund levy at the time of submitting your employer nomination application.
– Compliance with Australian immigration and workplace relations laws is mandatory.
**Your Business Must Also Be Able To:**
– Offer a full-time and ongoing skilled position for at least 2 years. The employment contract should not limit the position to a duration of 2 years.
– If the worker’s salary is less than AUD250,000 per year, pay them at least the annual market salary rate.
– Demonstrate that the nominee is eligible for any license, registration, or membership required for the position at the time of application.
By meeting the eligibility criteria and fulfilling your responsibilities as a sponsor, you can nominate a skilled worker for the Subclass 186 visa and contribute to their successful application process.
Frequently Asked Questions
The visa allows you to stay in Australia indefinitely, work and study, access Australia’s public health care scheme (Medicare), sponsor eligible relatives to come to Australia, and apply for Australian citizenship if you meet the eligibility requirements.
Yes, you can include your partner, dependent child or stepchild, and the dependent child or stepchild of your or your partner’s dependent child or stepchild in your visa application. You may also include someone who holds a subclass 457 or subclass 482 visa and is a member of your family.
Yes, there is a second installment fee of AUD4,890 for each family member aged 18 years or older who applies for the visa with you and has less than Functional English proficiency.
Yes, you can apply for this visa from either inside or outside Australia. If you are in Australia, you must hold a substantive visa or a related bridging visa A, B, or C. Certain circumstances may allow you to lodge an application in Australia even if your substantive visa has a “no further stay” condition.
From the date the visa is granted, you can travel to and from Australia for up to 5 years. After the expiry date of your travel facility, you will need a Resident Return (RRV) visa to re-enter Australia as a permanent resident. It is important to ensure that you have a valid travel facility to maintain your permanent residency status.
Currently, there are no frequently asked questions available for the Aged Dependent Relative Visa (Subclass 114).