1. What is the Employer Nomination Visa 186 and who is eligible to apply for it?

The Employer Nomination Visa 186 is a permanent residence visa that allows skilled workers to live and work in Australia under one of three streams: 1) the Temporary Residence Transition stream, for individuals who have worked on a temporary visa for an Australian employer for at least two years; 2) the Direct Entry stream, for individuals who have been nominated by an Australian employer and have not previously held a temporary work visa or only held it briefly; or 3) the Agreement stream, for individuals sponsored by an employer through a labor agreement.

Eligible applicants for this visa must be nominated by an approved Australian employer, have relevant skills and qualifications, meet English language requirements, and meet health and character requirements. Each stream may also have additional eligibility criteria that must be met. It is important to note that applicants must be under the age of 45 unless exempted.

2. What are the different streams available for a 186 visa?

The two streams for a 186 visa are the Temporary Residence Transition stream and the Direct Entry stream.

1. Temporary Residence Transition (TRT) stream:
This stream is for applicants who already hold a subclass 457 or 482 visa and have worked for their employer on a full-time basis in the same position for at least three out of the last four years. They must also have been nominated by their employer for permanent residence under this stream.

2. Direct Entry (DE) stream:
This stream is for applicants who are applying directly for permanent residence without holding a subclass 457 or 482 visa. Applicants under this stream must have their skills assessed by an approved assessing authority, meet English language requirements, and be nominated by an approved Australian employer.

Bonus Stream:

3. Labour Agreement (LA) Stream:
This stream is for applicants who are sponsored by an Australian employer through a labour agreement with the Department of Home Affairs. The eligibility requirements and application process may vary depending on the terms of the labour agreement between the employer and the government.

3. Can I apply for a 186 visa while being in Australia or do I need to be outside of the country?

You can apply for a 186 visa while being in Australia, as long as you hold a valid visa that allows you to apply for another visa while in the country. This includes most temporary visas such as student visas, working holiday visas, and skilled visas. However, if your current visa is about to expire or has already expired, you may need to apply for another temporary visa first before applying for the 186 visa.

4. Is there any minimum English language requirement for the 186 visa applicants?

Yes, applicants must demonstrate at least competent English language proficiency in order to be eligible for the 186 visa. This can be achieved by:

– To have a valid passport from one of the following countries: Canada, New Zealand, Republic of Ireland, United Kingdom or the United States of America;
– To have completed at least five years of full-time study in and hold all qualifications from a secondary institution or higher where English was the primary language of instruction;
– To have scored at least 6 on each of the four components (listening, reading, writing and speaking) of an International English Language Testing System (IELTS) test; OR
– To have completed a relevant qualification in an avocational Australian qualification with no formal offer to any occupations that required 5.0 score on IELTS.

However, applicants who are unable to meet this requirement may still be eligible through various exemptions or alternative evidence like work experience in an English-speaking environment or a test from a different approved provider. It is recommended to consult with a registered migration agent for more specific information related to individual circumstances.

5. How long does it take to process a 186 visa application?

The processing time for a 186 visa application can vary greatly, depending on the individual circumstances of the applicant and the complexity of their case. On average, it takes between 8-12 months for an employer-sponsored 186 visa application to be processed by the Department of Home Affairs. However, this timeline can be affected by factors such as:

-The completeness of the application: If all required documents are submitted accurately and on time, the processing time may be shorter.
-Demand for applications: If there is a high volume of applications being processed at a particular time, it may take longer for your application to be reviewed.
-The complexity of your case: If there are any complications or discrepancies in your application, it may require additional time for processing and further assessment.
-Delays in receiving information or responses from relevant authorities or individuals involved in the visa process.

It’s important to note that these timelines are just an estimate and can vary significantly. It’s advisable to consult with a reputable migration agent who can provide more accurate information based on your specific situation.

6. Do I need to have a job offer from an Australian employer in order to apply for a 186 visa?

Yes, you will need to have a job offer from an Australian employer in order to apply for a 186 visa. This is because the 186 visa is an employer-sponsored visa which requires the support of an Australian employer. The employer must also meet certain requirements and demonstrate their commitment to hiring and retaining skilled workers.

7. What are the requirements for my employer to sponsor me for a 186 visa?

To sponsor an employee for a 186 visa, your employer must meet the following requirements:

1. Be a lawful and actively operating business in Australia with a genuine need for the nominated position.

2. Have a good record of compliance with immigration and workplace laws.

3. Offer the employee a full-time position for at least two years in one of the eligible occupations on the Medium and Long-term Strategic Skills List (MLTSSL) or Regional Occupation List (ROL).

4. Meet the minimum salary requirement as set by the Department of Home Affairs.

5. Demonstrate that they have made efforts to hire Australian workers but were unable to find suitably qualified or experienced candidates.

6. Provide evidence of making contributions to a designated training fund (unless exempt).

7. Obtain approval as a standard business sponsor before nominating an employee for a 186 visa.

8. Prove that they can provide working conditions that are no less favorable than those provided to Australian employees in similar roles.

9. Meet any additional requirements set by their respective state or territory government if seeking nomination under the Regional Sponsored Migration Scheme (RSMS) stream.

10. Comply with any other relevant criteria specified by the Department of Home Affairs.

8. Is there an age limit for applying for a 186 visa under the Direct Entry stream?

There is no specific age limit for applying for a 186 visa under the Direct Entry stream. However, applicants must meet certain health and character requirements in order to be eligible for the visa. Additionally, employers may have their own age preferences when sponsoring an employee for this type of visa. It is best to consult with an immigration professional to determine your eligibility.

9. Can I include my family members in my 186 visa application?

Yes, the 186 visa is a permanent residency visa that allows the primary applicant to include their family members in their application. Family members who can be included are:

– Spouse or de facto partner
– Dependent children (under 18 years of age)
– Dependent children (over 18 years of age but financially dependent on the primary applicant and still studying full-time)

Family members must meet certain eligibility requirements and provide necessary documentation to be included in the application. They will also need to undergo medical and character checks. It is important to note that once granted, all family members included in the application will hold permanent residency status in Australia.

10. Are there any specific skill or occupation requirements for the Employer Nomination Visa 186?

Yes, the Employer Nomination Visa 186 has specific skill and occupation requirements. The applicant must have a relevant, eligible occupation that is included on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL). They must also demonstrate that they have the skills, experience, and qualifications required for their nominated occupation.

Additionally, the employer must be able to show that they have a genuine need for the applicant’s skills and that they cannot find an Australian citizen or permanent resident to fill the position. The employer must also meet certain criteria, such as being actively and lawfully operating in Australia and being financially stable.

The visa also has additional requirements for applicants who are applying through the Direct Entry stream. These include having a positive skills assessment from a relevant assessing authority and meeting minimum English language proficiency requirements.

11. How much does it cost to apply for a 186 visa?

The cost for a 186 visa application varies depending on the stream being applied for, the applicant’s location and any additional services required. Currently, the base application fee for a Subclass 186 visa ranges from $4,045 to $4,875. Other costs may include health exams, police checks, and translation/interpretation services. Additional fees may apply if using an immigration agent or lawyer. It is recommended to check the current fees and charges on the Department of Home Affairs website before submitting an application.

12. Is there any difference in processing times between the Temporary Residence Transition (TRT. and Direct Entry (DE. streams of the 186 visa?

Yes, there may be differences in processing times between the TRT and DE streams of the 186 visa. Generally, the TRT stream has a faster processing time as it is intended for existing temporary skilled workers who have been employed with their employer for at least two years. On the other hand, the DE stream is for individuals who are applying directly from overseas or do not meet the requirements for the TRT stream. The DE stream may take longer to process as thorough assessment of the applicant’s qualifications and skills is required. However, processing times can vary depending on individual circumstances and workload of the Department of Home Affairs.

13. Can I switch employers while on a 186 visa?

Yes, you can switch employers while on a 186 visa. However, there are certain conditions and requirements that need to be met for this to occur.

Firstly, your new employer must be an approved sponsor by the Department of Home Affairs. This means they have been granted a nomination for the specific occupation and location you will be working in.

Secondly, your new role must meet the same eligibility criteria as your previous role, such as salary and skill level.

Lastly, you will need to inform the Department of Home Affairs of the change in employment within 28 calendar days. This can be done through their online portal ImmiAccount.

In some cases, if your new job is in a different ANZSCO code (occupation), it may require you to apply for a new 186 visa. It is important to consult with a migration agent or the Department of Home Affairs before making any changes to your employment on a 186 visa.

14. Will I be able to work in any occupation under the Employer Nomination Visa 186, or are there restrictions on certain occupations?

Under the Employer Nomination Visa 186, there are no specific restrictions on certain occupations. However, you will still need to meet the requirements of the visa, which include having a relevant occupation on the Consolidated Sponsored Occupations List (CSOL) and having a valid job offer from an employer in Australia. It is important to note that some occupations may have additional requirements or restrictions depending on your individual circumstances or the industry you will be working in. It is best to consult with a migration agent or check with the Department of Home Affairs for more information about specific occupations.

15. How long is the validity period of a granted 186 visa and can I extend it if needed?

A granted 186 visa is valid for a period of five years. If you have not yet applied for citizenship, you can apply for an extension of this visa if needed. After holding this visa for at least four years and nine months, you may be eligible to apply for Australian citizenship.

16. What happens if my employer terminates my employment during my time on a 186 visa?

If your employer terminates your employment during your time on a 186 visa, you may be able to continue working for the same employer if they have another eligible position available. However, if this is not possible, you will need to find a new sponsor within 90 days or leave Australia. If you are unable to secure a new sponsor in that time or leave Australia, your visa may be cancelled. You should consult with an immigration lawyer for advice specific to your situation.

17. Will I be required to do medical or police checks as part of my application process for a 186 visa?

Yes, as part of the 186 visa application process, applicants may be required to undergo medical examinations and provide police clearance certificates from all countries they have lived in for more than 12 months in the last 10 years. This is to ensure that the applicant meets the health and character requirements set by the Australian Government for permanent residency.

18. Does holding a temporary skilled work permit (subclass 457. affect my eligibility for a Employer Nomination Visa (subclass-188)?

No, holding a temporary skilled work permit (subclass 457) does not affect your eligibility for an Employer Nomination Visa (subclass 188). However, you would need to meet the specific eligibility requirements for the subclass 188 visa in addition to holding a valid subclass 457 visa. These requirements include being nominated by an Australian employer and having an occupation listed on the relevant skilled occupation list. Additionally, you must also meet health and character requirements and have sufficient English language skills.

19. My employer is located in regional Australia, can they still sponsor me under the Employer Nomination Visa 186?

Yes, regional employers in Australia can sponsor employees under the Employer Nomination Visa (subclass 186) if they have a genuine need for the employee’s skills and meet all other eligibility criteria. The Regional Sponsored Migration Scheme (RSMS) stream of the 186 visa is specifically designed for employers in regional areas to address skill shortages and support economic growth in those areas. However, there are additional eligibility requirements that apply for RSMS visas, such as a longer period of employment with the sponsoring employer and a higher level of English language proficiency. It is recommended to consult with an immigration lawyer or registered migration agent for specific guidance on your situation.

20. Will I be able to apply for Australian permanent residency after being on a 186 visa for some time?

Yes, under the Employer Nomination Scheme (subclass 186), you will have the option to apply for Australian permanent residency after being on the visa for some time. This is known as the Permanent Residence (Skilled Regional) visa (subclass 187). To be eligible, you will need to meet certain requirements such as having worked for your employer in Australia for at least two years, meeting certain age and English language requirements, and having your employer nominate you again. It is important to note that this is separate from applying for permanent residency through other visa pathways, and it is always recommended to seek advice from an immigration lawyer or registered migration agent before making any permanent residency application.