Employer Nomination Scheme (Subclass 186)

Employer Nomination Scheme (Subclass 186)

The 186 Visa is a permanent residency visa that allows skilled workers to live and work in Australia. This visa is available under three streams: the Direct Entry Stream, the Temporary Residence Transition (TRT) Stream, and the Labour Agreement Stream. Below are details for the Direct Entry Stream and the TRT Stream.

Direct Entry Stream

The Direct Entry Stream of the 186 Visa is for skilled workers who are nominated by their employer and meet specific eligibility requirements. This stream is ideal for individuals who have not previously worked in Australia or who have only briefly worked in Australia. It also suits skilled workers who are already employed but have been nominated by a new employer.

Eligibility Requirements (DE Stream)

To be eligible for the Direct Entry Stream, applicants must meet the following criteria:

• Nomination by an Employer: You must be nominated by an Australian employer for a position that is on the relevant skilled occupation list.
• Age: You must be under 45 years of age at the time of application, unless exempt.
• Skills Assessment: You must obtain a positive skills assessment for the nominated occupation.
• Occupation: Your occupation must be on the MLTSSL
• Work Experience: You should have at least three years of relevant work experience in your nominated occupation.
• English Language Proficiency: You must demonstrate at least competent English, which generally means achieving a minimum of 6 in each band of the IELTS or equivalent.
• Health and Character Requirements: You must meet Australia’s health and character requirements.

Temporary Residence Transition (TRT) Stream

The Temporary Residence Transition (TRT) Stream is for skilled workers who currently hold a Temporary Skill Shortage (TSS) Visa (subclass 482) or a Temporary Work (Skilled) Visa (subclass 457) and have worked for their nominating employer for at least two years. This stream provides a pathway to permanent residency for employees who have demonstrated loyalty and competence in their role.

Eligibility Requirements (TRT Stream)

To be eligible for the TRT Stream, applicants must meet the following criteria:

• Nomination by an Employer: You must be nominated by the same employer who sponsored your temporary visa for a position that is on the relevant occupation list.
• Current Visa: You must hold a TSS Visa (subclass 482) or a 457 Visa and have worked for your nominating employer for at least two years.
• Age: You must be under 45 years of age at the time of application, unless exempt.
• English Language Proficiency: You must demonstrate at least competent English, which generally means achieving a minimum of 6 in each band of the IELTS or equivalent.
• Health and Character Requirements: You must meet Australia’s health and character requirements.

Costs

Visa Application Fees

EMPLOYER'S APPLICATIONS

• Step 1: Nomination Application: $540 + SAF Levy ($3000)

EMPLOYEE'S APPLICATION (DE,TRT or LA Stream)

• Step 2: SC 186 Visa application:

• • Primary Applicant: AUD 4770
  • Additional Adult Applicant (>=18 Age): AUD 2385
  • Additional Child Applicant (<18 Age): AUD 1190

Source:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/fees-and-charges/current-visa-pricing

Document Checklist for Employers

1. Nomination Application

• Proof of Business Registration:
  • Australian Business Number (ABN)
  • Australian Company Number (ACN)
  • Business Name Registration Certificate
• Company Financial Documents:
• • Recent Business Activity Statements (BAS)
  • Annual financial reports - last 2 yrs (Profit and Loss Statement, Balance Sheet)
  • Tax Return Documents - last 2 yrs
• Business Structure Documents:
  • Organisational chart
• • Trust Deed (if applicable)
  • Franchisee Agreement (if applicable)
• Previous Sponsorship Obligations (if applicable):
  • Records of compliance with previous sponsorship obligations
• Business Plan (For new business only)
• Job Description:
  • Detailed position description including duties, responsibilities, and qualifications required
• Salary Details:
  • Proposed salary, ensuring it meets the Temporary Skilled Migration Income Threshold (TSMIT)
• Market Salary Research Report
• • Evidence that the salary is in line with Australian market rates (e.g., salary surveys, enterprise agreements)
• Position Details:
  • Employment contract
  • Terms and conditions of employment
• Genuine Position Statement:
  • A statement explaining why the position is genuine and necessary for the business operations
• Labour Market Testing (LMT):
• Evidence of recruitment efforts (e.g., job advertisements, recruitment agency reports)
• Labor market testing results (if required)
• Statement outlining the need for the position and why an Australian worker cannot fill it
• Business Operations Evidence:
  • Documentation proving that the position aligns with the business activities (e.g., business plans, project details)

3. Labour Agreement Stream (if applicable)

• Labour Agreement Documentation:
  • Copy of the Labour Agreement with the Australian Government
  • Evidence supporting the terms of the agreement (e.g., industry-specific needs, shortages)

Document Checklist for Employees (Visa Applicants)

1. Personal Identification

• Passport:
  • Certified copy of passport bio-data page
• Photographs:
  • Recent passport-sized photographs meeting visa photo requirements
• Birth Certificate:
  • Certified copy of birth certificate (with translations if not in English)

2. Qualifications and Skills

• Academic Qualifications:
  • Copies of degrees, diplomas, and certificates relevant to the nominated occupation
  • Marksheet or Transcripts of records (with translations if not in English)
• Work Experience Evidence:
  • Detailed CV/Resume
  • Reference letters from previous employers outlining job duties, duration of employment, and skills acquired
  • Bank Statements, Payslips, Income tax records, or other evidence of employment
• Skills Assessment (if required):
  • Positive skills assessment outcome from the relevant assessing authority for the nominated occupation

3. English Language Proficiency

• English Test Results:
  • IELTS, TOEFL, PTE Academic, or other approved English language test results meeting the required scores
  • Exemption documentation (if applicable)

4. Health and Character

• Health Examination:
  • Health examination results, including medical and radiological reports (as required by the Department of Home Affairs)
• Health Insurance:
  • Evidence of adequate health insurance covering the applicant and any accompanying family members for the duration of the visa
• Character Documents:
  • Police clearance certificates from all countries where the applicant has lived for 12 months or more in the last 10 years
  • Form 80 or Form 1221 (Personal particulars for character assessment, if requested)

5. Family Members (if applicable)

• Marriage Certificate:
  • Certified copy of marriage certificate (with translations if not in English)
• Partner’s Documents:
  • Partner’s passport, birth certificate, and police clearance certificates
  • Evidence of relationship (e.g., joint bank accounts, utility bills)
  • Digital Photo
• Children’s Documents:
  • Birth certificates for all dependent children
  • School enrolment certificates (if school-age children are included in the application)
  • Digital Photo

6. Visa Application Specifics

• Signed Employment Contract:
  • Copy of the signed employment contract with the sponsoring employer
• Nomination Approval Letter:
  • Copy of the nomination approval letter from the Department of Home Affairs

Important Notes

• Translations: All documents not in English must be accompanied by a certified translation.
• Certification: Ensure that all copies of documents are certified by an authorized person.
• Completeness: Incomplete applications may result in delays or visa refusal. Double-check all documents against this checklist before submission

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