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Temporary Residence Transition Stream

INTRODUCTION:

The Employer Nomination Scheme (subclass 186) visa offers skilled workers selected by their employer the chance to permanently reside and work in Australia.

Stay: Permanent

Cost: Starting from AUD4,770.00

Benefits of this visa:

• Reside, Work, and Persuade Study: Indeterminately in Australia.

• Family Sponsorship: Support your qualified family associates to accompany you in Australia.

• Australian Citizenship: Eligible to apply for Australian citizenship.

Requirements:

• Embrace a subclass 457, TSS, or associated Bridging visa A, B, or C.

• Typically, have worked full-time for your employer for at least 2 years while holding a subclass 457 or TSS visa.

• Be selected by an Australian company whose recommendation was approved within 6 months before your application.

This visa pathway ensures skilled workers can establish long-term roots in Australia, benefiting from stability and opportunities for personal and professional growth.

Overview of Subclass 186 Visa

Stay in Australia:

• Indefinitely

• Work and study

• Register in Medicare (Australia's public health care scheme)

• Support eligible relatives to come to Australia

• Journey to and from Australia for 5 years

• Apply for Australian citizenship, if eligible

Access to Government Payments: Newly arrived residents may have to pause prior to retrieving certain Australian Government payments/expenses and reimbursements/benefits.

Duration of Stay

This visa is permanent, allowing you to stay in Australia indefinitely. For citizenship eligibility, your period of permanent residency commences:

• On the day the visa is approved if you are in Australia

• On the date you arrive in Australia with this visa if you are outside Australia

Including Family Members

Who You Can Include:

• Partner

• Dependent child or stepchild

• Dependent child or stepchild of your partner or your dependent child

You can also include someone holding a subclass 457 or subclass 482 visa if they were granted based on their relationship to you.

Requirements: Family members applying with you must meet health and character requirements.

Cost:

• Main applicant: AUD4,770.00

• Additional charge per family member applying with you

Second Instalment: AUD4,890 for family members aged 18 or older with less than Functional English.

Language Requirements

Main applicants must demonstrate Competent English, or Functional English if exempt, or pay a second instalment of AUD9,800.

Application Details

• Submit your application from either within Australia or from abroad.

• Must hold a substantive visa or a related bridging visa A, B, or C if submitting the application from within Australia.

Processing Times

Use the visa processing time guide tool for estimated processing times.

Obligations

You and your family must comply with all Australian laws and work for your nominating employer for at least 2 years.

Travel

You are permitted to travel to and from Australia for a duration of over 5 yearsfrom the visa grant date.

Visa Label

Your visa will be by electronic means connected to your passport; no physical label will be provided.

This visa pathway offers stability and opportunities for long-term residency in Australia, with clear guidelines and benefits for you and your family members.

Eligibility for Subclass 186 Visa

Skills and Qualifications:

• You must have the essential skills and qualifications neededfor your nominated occupation. A skills evaluation might be necessary.

Licensing and Registration:

• Mandatory if required by the state or territory where you intend to work.

Employer Nomination:

• Your employer must have sponsored you for a full-time job on subclass 457 or subclass 482 visa for at least 2 out of the 3 years prior to nominating you for the subclass 186 visa.

Changes to Sponsorship:

• Changes in business ownership can still count towards your employment period under certain circumstances (e.g., due to business sale, takeover, or restructuring).

Employer Eligibility:

• Your nominating Australian employer must be actively and lawfully operating.

Application Timeline:

• You must lodge your visa operation within 6 months of must lodge your visa application within 6 months of your nomination being approved.

Ineligibility:

• We cannot grant you a visa if adverse information exists about your nominator or associated persons unless it can be reasonably disregarded, or if the nomination is withdrawn or the position is no longer available.

Age Requirement:

• Generally, under 45 years old at the time of application, with exemptions for specific occupations and circumstances.

Transitional Arrangements:

• Subclass 457 visa holders from on or after 18 April2017 may access age exemptions until 30 June 2024 under certain conditions.

English Language Requirement:

• Must have at least Competent English, with no exemptions from 16 November 2019 onwards for this visa stream.

Visa Holders:

• Must currently hold a subclass 457 visa (any stream), subclass 482 (TSS) visa (any stream), or a Bridging visa A, B, or C.

Health Requirement:

• You and accompanying family members must meet Australia's health standards.

Character Requirement:

• You and family members aged 16 and older applying with you must meet Australia's character standards.

Australian Values Statement:

• If 18 or older, you must sign a statement affirming adherence to Australian values and cultural norms with Australian laws after understanding the Life in Australia booklet.

Government Debt:

• Any owed debts to the Australian Government must be reimbursed or have a formal repayment agreement.

Immigration History:

• Consideration of visa cancellations or previous application refusals in your immigration history may affect eligibility.

This structured overview ensures clarity on the requirements and conditions for obtaining a Subclass 186 visa, facilitating informed decision-making for prospective applicants.

Step-by-Step Procedure for Applying for Subclass 186 Visa

Step 1: Before You Apply

Organize English Exams: Ensure your English test results meet current visa requirements. Arrange exams if needed.

Organize Health Exams: Complete health examinations either before or after applying. Learn about required exams and how to arrange them beforehand if preferred.

Assistance with Application: Only certain individuals can assist with your application:

• Registered migration agent

• Legal practitioner

• Exempt person

You can authorize someone to receive documents on your behalf regarding your visa.

Obtain Nomination TRN: Confirm your employer has submitted a nomination application. They will receive a Transaction Reference Number (TRN) for the nomination, which you'll need for your visa application.

Rights and Responsibilities: Penalties apply to anyone involved in offering, receiving, or providing benefits for visa sponsorship, ensuring compliance with laws governing employer responsibilities.

This structured approach guides you through the initial steps of preparing for your Subclass 186 visa application, emphasizing compliance and procedural clarity.

Step-by-Step Procedure for Gathering Documents

Step 2: Gather Your Documents

Provide Precise Information: Confirm all information provided is precise and correct to avoid complications related to identity verification.

Identity Documents: Submit pages of your current passport displaying personal details, photo, and passport issue/expiry dates. Also include:

• National identity card (if applicable)

• Proof of name change (e.g., marriage or divorce certificate)

Licencing, Registrations, and Memberships: Include evidence of mandatory licenses, registrations, or professional memberships required for your nominated occupation in the intended state or territory.

Skills Assessment: Prepare for a skills assessment if required by the visa requirements.

Age Exemption Documents: Provide documentation if you are 45 years or older, demonstrating exemption from age eligibility criteria.

English Language Documents: Demonstrate Competent English proficiency at the time of application.

Health Documents: No need to provide health documents; medical exam results are sent directly from your doctor.

Character Documents: Include an Australian police certificate if you've spent over 12 months in Australia since age 16. Also provide:

• Overseas police certificates (from every country spent 12+ months in since age 16)

• Documentation of military service or discharge papers if applicable

Assistance Notification: Notify us if appointing someone to receive correspondence or provide immigration assistance.

Partner Documents: Submit identity and character documents. Provide either:

• Current marriage certificate or

• Evidence of a de facto relationship over 12 months

Functional English Proof for Partner: Verify Functional English proficiency for your partner; pay a second instalment if unable to prove.

Dependants Under 18 Documents: For each dependent under 18:

• Identity documents (children under 5 can be included without passport)

• Relationship proof (birth or marriage certificate)

• Character documents if applicable

Parental Responsibility Documents: Obtain consent for minors coming to Australia from any legal guardian not traveling with them.

Dependants Over 18 Documents: For dependants 18 and older:

• Identity documents

• Relationship details if applicable

• Character documents

Proof of Dependence: Show financial dependence and relationship through:

• Completed Form 47a

• Proof of cohabitation, tax records, or current study status

Functional English Proof for Family Members: Verify Functional English proficiency for family members; pay a second installment if required.

Document Preparation: Translate all non-English documents. Boththe original and restated performances must be submittedversions.

• Translators in Australia must be accredited.

• Translators outside Australia must provide details with each translation.

Scan or Photograph: Scan or photograph all documents in color. Ensure clarity; multi-page documents should be saved as a single file.

This detailed process ensures that you have all necessary documentation prepared and organized effectively for your Subclass 186 visa application, Confirminganupdated and efficient application process.

Step 3: Applying for the Visa

Apply Online with ImmiAccount:

• Log in to your existing ImmiAccount or create a new one to start your visa application.

Provide Accurate Information: Ensure all information provided is accurate to avoid delays or complications during the processing of your application.

Attach Documents: Upload all required documents to support your application.

Pay Application Charge: Complete payment of the application fee. Your submission will not continue until payment has been madeand is received.

Note Transaction Reference Number (TRN): Keep track of your Transaction Reference Number (TRN) provided upon application submission for future reference and correspondence.

This streamlined approach guides you through the online application process for your Subclass 186 visa, ensuring adherence to accuracy and completeness for a successful submission.

Step 4: After You Apply

Confirmation of Application Receipt: Receive notification once we have received your visa application.

Status Updates: During standard processing times, updates on application status may not be available. Await contact from us.

Travel Considerations: If you're in Australia, no need to notify us before traveling abroad during processing. Ensure your return with a valid visa.

Health Exams: If not completed prior to application, we'll inform you if health exams are necessary. Check ImmiAccount for updates.

Biometrics: We may request biometrics (fingerprints and photos). Notification will be provided if required.

Additional Document Requests: Prepare to attach requested documents promptly via ImmiAccount if needed.

Maintain Legal Status: Hold a valid visa throughout processing to stay lawful. A bridging visa may be granted if your current visa expires before processing completes.

Adding Family Members: Include eligible family members in your application. This includes:

• Your partner

• Dependent children and stepchildren

Newborns: Learn how to handle additions to your family, such as a newborn, after submitting your application.

Application Errors: Notify us promptly of any mistakes on your application. Use Form 1023 for incorrect answers.

Assistance Management: Update us if you wish to change or cancel assistance for:

• Receiving correspondence (Form 956A)

• Immigration advice (Form 956)

Updates on Changes: Inform us of any changes in circumstances post-application but pre-decision, such as:

• Application withdrawal

• Contact details or passport changes

• Relationship status changes

• Birth of a child

Additional Information Requests: Prepare for potential requests for a skills evaluation as part of the application submission process.

This comprehensive guide outlines what to expect and what actions to take after submitting your Subclass 186 visa application, ensuring clarity and compliance throughout the process.

Step 5: Visa Outcome

Decision Location Flexibility: You can be anywhere—inside or outside Australia—when we finalize your application.

If Your Visa is Granted: Upon approval, you will receive:

• Your visa grant number

• Start date of your visa

• Any applicable visa conditions

Keep a Record: Retain a copy of the decision for your records.

If Your Visa is Refused: In case of refusal, we will notify you:

• Reasons for refusal

• Your right to appeal the decision

No Refund Policy: Please note, the visa application charge is non-refundable if your application is refused.

This step ensures clarity on the outcomes of your Subclass 186 visa application, whether approved or refused, providing the necessary information for your next steps.

When You Have This Visa

Arriving in Australia

Before You Leave Ensure You Have:

• A valid visa to enter Australia

• A current passport or alternative travel document

At the Border

Completing an Incoming Passenger Card All arrivals to Australia must complete an Incoming Passenger Card, provided during your flight.

Efficient Departures Utilize SmartGate, an automated process using facial recognition and your ePassport, for faster airport departures.

For New Zealand Passport Holders Inform immigration officers that:

• You possess a permanent Australian visa

• You do not require a Category visa (subclass 444) to avoid potential implications for Australian citizenship eligibility.Special 

In Australia

Benefits of This Visa

This visa allows you to:

• Stay indefinitely in Australia

• Work and study

• Enroll in Medicare

• Sponsor eligible relatives

• Journey to and from Australia for 5 years

• Apply for Australian citizenship if eligible

Your Responsibilities

You and your family must adhere to all Australian laws.

Updating Us

Notify us of changes in:

• Contact details

• Relationship status

• Birth of a child

Duration of Stay

Indefinitely

Traveling on Your Visa

You can Journey to and from Australia for up to 5 years from the visa grant date. Afterward, obtain a Resident Return Visa (RRV) to re-enter Australia as a permanent resident.

Maintaining Proof of Visa

Use VEVO to demonstrate your visa status and conditions.

Working in Australia

Enjoy protection under Australian workplace laws.

Sponsoring Family

As a permanent resident, explore options to sponsor eligible family members to Australia.

Becoming an Australian Citizen

Learn about eligibility and procedures for Australian citizenship.

Leaving Australia

Before You Leave

Ensure You Have:

• A current passport or alternative travel document

Checking Visa Validity

Verify conditions and the expiry of your Resident Return visa in VEVO.

Upon Departure

Efficient Departures

Use Smart Gate for streamlined airport departure procedures.

After Leaving

Proving Your Stay

Request international movement records via Form 1359 to confirm your stay in Australia.

Disclaimer: Exploring the Employer Nomination Scheme (subclass 186)

Welcome to an overview of the Employer Nomination Scheme (subclass 186) Temporary Residence Transition stream. This information aims to inform and guide you through the visa application process. However, it is essential to conduct thorough research beyond this overview to ensure a comprehensive understanding.

For the most current and detailed information, we recommend exploring reputable sources and consulting with immigration professionals. Each individual's circumstances vary, and additional research will help tailor your approach to meeting visa requirements effectively.

Explore further resources and conduct your research to make informed decisions. Visit YourPressUSA for more insights and continue exploring other sources to enhance your understanding of this visa pathway.



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