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Introduction

This visa offers skilled workers nominated by their employer the opportunity to reside and work in Australia permanently. The Labour Agreement stream could be suitable if you are at present working, or will be hired or employed, by an employer who is part of a labour agreement. The Employer Nomination Scheme (subclass 186) proposes skilled workers nominated by their employer the opportunity to establish permanent residency in Australia. Specifically tailored for those employed under a labour agreement, this visa pathway is ideal for individuals already working or planning to work for an employer with such an agreement.

Key Benefits

Stay:

Permanent residency in Australia.

Cost:

The application fee starts from AUD 4,770.00.

Features of the Visa

  • Residency:

Enjoy indefinite rights to live, work, and study in Australia.

  • Family Sponsorship:

Ability to sponsor eligible relatives to join you in Australia.

  • Citizenship Eligibility:

Eligibility to apply for Australian citizenship, subject to meeting criteria.

Eligibility Requirements

To be suitable for this visa, candidates must:

  • Employment:

Be employed at present or have a work proposal from accompany that is a party to a labour agreement.

  • Criteria:

Meet age, skills, and English language proficiency requirements as specified in the labour agreement.

This visa not only facilitates permanent residency but also provides avenues for family reunification and potential citizenship, making it a comprehensive choice for skilled workers in Australia.

Comprehensive Overview of the Visa

Benefits of the Visa

Indefinite Stay in Australia

  • Enjoy permanent residency status, allowing you to live in Australia indefinitely.

Work and Study Privileges

  • Opportunity to work and pursue educational endeavors in Australia.

Access to Medicare

  • Enroll in Australia's public healthcare system, Medicare, for medical coverage.

Family Sponsorship

  • Ability to sponsor eligible relatives to join you in Australia.

Travel Flexibility

  • Journey to and from Australia for up to 5 years from the visa grant date.

Pathway to Citizenship

  • Suitability to appear for Australian citizenship, contingent on fulfilling the criteria.

Initial Settling Considerations

Access to Government Benefits

  • New residents might have to wait a period before gaining access to certain Australian Government payments and benefits.

Duration and Commencement of Permanent Residency

  • Permanent Residency Commencement:
    • Begins on the visa grant date if you are in Australia.
    • Commences on the date of entry into Australia on This visa is applicable if you are outside Australia

Family Inclusion

  • Including Family Members:
    • Include family members in your application from the start.
    • Add family members after application submission but before visa decision.
  • Eligible Family Members:
    • Includes partners, dependent children, stepchildren, and certain extended family under specific visa conditions.

Financial Obligations

  • Visa Costs:
    • Main applicant fee: AUD 4,770.00.
    • Additional charges apply for family members, including a second instalment for those aged 18 years or older without Functional English.
  • Additional Costs:
    • Additional expenses may include health checks, police certificates, and biometrics.

Application and Processing

  • Application Location:
    • Apply from within or outside Australia, subject to visa conditions.
  • Processing Times:
    • Use the visa processing time guide for estimated application processing durations.
  • Application Requirements:
    • Ensure accurate completion and submission of all required documents to avoid processing delays.

Responsibilities and Conditions

  • Legal Compliance:
    • Adhere to all Australian laws throughout your stay.
  • Employment Commitment:
    • Commit to working for your nominating employer for at least 2 years from:
      • Entry into Australia (for offshore visa grants).
      • Visa grant date (for onshore visa grants).

Travel Provisions

  • Travel Facilities:
    • Travel to and from Australia for up to 5 years post visa grant.
    • Renew travel privileges with a Resident Return Visa (RRV) if needed.
  • Visa Label:
    • Your visa will be digitally linked to your passport; physical labels are not issued.

This visa proposes a way to permanent residency in Australia with extensive benefits and responsibilities, designed to facilitate settlement and integration into Australian society.

Eligibility Requirements

Working under a Labour Agreement

To qualify for the Employer Nomination Scheme (subclass 186), Labour Agreement stream, you must:

  • Employment under Labour Agreement:

Currently work, or have a job offer to work, for an employer operating under a labour agreement.

  • Skills and Attributes:

Possess suitable English language proficiency, relevant experience, skills, and other specified attributes for the nominated position. The labour agreement outlines these requirements.

  • Skills Assessment:

A skills assessment may be required to demonstrate suitability for the position, upon request.

Licensing, Registration, or Membership

  • Professional Credentials:

Hold necessary licenses, registrations, or memberships with professional bodies if mandated in the intended state or territory of employment.

Employer Nomination

  • Nomination: Be nominated or selected by an Australian company/employer who:

    • Operates lawfully and actively in Australia.
    • Is party to a valid labour agreement.
  • Nominator Eligibility: Verify if your employer is eligible to nominate you through the Sponsor tabs or detailed visa conditions.

Visa Application Considerations

  • Adverse Information:

Visa cannot be granted if adverse information exists about your nominator or associated individuals unless deemed reasonable to overlook.

  • Nomination Updates:

A new recommendation cannot be associated with an existing visa application. Options include withdrawing the first application and submitting a new one for the new nomination.

  • Refund Eligibility:

Depending on the circumstances, you may qualify for a visa application charge refund.

Additional Requirements

  • Age Limit:

Unless specified otherwise in the labour agreement, applicants must be below 45 years at the time of submission.

  • Current Visa Status:

If applying from within Australia, hold a valid substantive visa (e.g., 457 or TSS visa) issued under a labour agreement.

  • Health and Character Requirements:

Meet health requirements for you and accompanying family members. Character assessments are also mandatory for applicants aged 16 years and older.

  • Australian Values Statement:

If 18 years or older, sign the Australian Values Statement confirming respect for the Australian way of life and adherence to Australian laws.

  • Government Debt:

Resolve any debts owed to the Australian Government or have a formal repayment arrangement in place.

  • Immigration History:

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

For detailed guidance on navigating these requirements or seeking immigration assistance, refer to the relevant resources or authorized professionals.

Step-by-Step Visa Application Guide

Step 1: Preparing for Your Application

Organize Health Exams

  • Before applying, consider arranging health examinations. These can be completed either before or after you submit your application. Learn which exams are required and how to schedule them in advance.

Immigration Assistance

  • If seeking help with your application, ensure the person assisting you is:
    • A registered migration agent,
    • A legal practitioner, or
    • An exempt individual authorized to provide immigration advice.
  • You can designate someone to receive documents on your behalf related to your visa application.

Nomination Reference

  • Confirm your employer has lodged a recommendation application. They will receive a Transaction Reference Number (TRN) upon submission, which you will need to apply for the visa.

Understanding Your Rights and Employer's Responsibilities

  • Be aware of legal consequences, including criminal penalties, for any involvement in visa sponsorship irregularities. Educate yourself on avoiding work visa scams and your rights during the application process.

Step 2: Document Preparation and Submission

Providing Accurate Information

Identity Documents

  • Submit pages from your current passport displaying your photo, personal particulars, and passport problem, and expiry dates. Include a national identity card if applicable, and documents verifying any name changes.

Health Documents

  • Medical exams are not initially required; results are sent directly to immigration if conducted.

Character Documents

  • Furnish an Australian police certificate from the Australian Federal Police. Overseas police certificates are necessary from countries where you spent 12 months or more since age 16. Military service accounts are also mandatory if applicable.

Immigration Assistance

  • Ensure any appointed immigration assistance is from a registered migration agent, legal practitioner, or exempt person.

Partner and Dependent Documents

Partner Documents

  • Provide identity and character documents. For de facto relationships, evidence such as joint accounts or leases is required.

Dependents under 18

  • Include identity and relationship proof like birth certificates. Parental consent is essential for minors not traveling to Australia.

Dependents over 18

  • Submit identity, relationship, and character documents. Proof of financial dependence and functional English proficiency are required.

Translation and Submission

Translation Requirements

  • Translate all non-English documents into English. Translators in Australia should be accredited, while those outside must provide detailed credentials.

Document Preparation

  • Scan or photo all documents in color, confirming accuracy and combining multi-page documents into single files for submission.

Ensure meticulous preparation and accuracy in your documentation to facilitate a smooth visa application process.

Step 3: Visa Application Submission

Ensuring Accuracy

Provide Accurate Information

  • Emphasize accuracy in all submitted details to avoid complications related to identity verification or misinformation repercussions.

Online Application Process

Access ImmiAccount

  • Log in to your existing ImmiAccount or create a new one to initiate the visa application process.

Attach Required Documents

  • Submit all obligatory documents as mentioned in the application checklist.

Payment of Application Fee

  • Complete the payment of the application charge. Note that processing will commence only upon receipt of payment.

Transaction Reference Number (TRN)

  • Keep track of your Transaction Reference Number (TRN), essential for tracking your application status and correspondence.

By following these steps meticulously, you ensure a thorough and timely submission of your visa application through the ImmiAccount portal.

Step 4: Post-Application Procedures

Confirmation of Application Receipt

Acknowledgment

  • We will notify you upon receiving your visa application.

Application Status Updates

Processing Updates

  • Updates within standard processing times are not provided. Check ImmiAccount for any additional information requests.

Travel Considerations

Travel Permissions

  • If you are in Australia, no notification is required for overseas travel during application processing. Ensure you possess a valid visa for re-entry.

Bridging Visas

  • Upon application in Australia, a bridging visa may be granted. It allows lawful stay until a decision on your new visa is made.

Health Examinations

Health Checks

  • If not completed earlier, we will inform you of any required health examinations. Monitor ImmiAccount for updates.

Biometrics Requirement

Biometric Verification

  • You may be asked for biometrics (fingerprints and photos). Notice will be sent if needed.

Providing Additional Information

Document Submission

  • Attach any outstanding documents via ImmiAccount promptly. Further information requests may also be communicated.

Maintaining Legal Status

Legal Compliance

  • Ensure continuous lawful status with a valid visa during application processing.

Second Instalment Payment

Payment Notification

  • If applicable, an invoice for the second instalment will be issued after meeting all visa requirements. Pay upon receipt.

Adding Family Members

Inclusion of Family

  • You can include family members (partner, dependent children, stepchildren) in your application until a decision is reached.

Correcting Application Errors

Error Notification

  • Notify us promptly of any errors on your application utilizing Form 1023 Notification of inappropriate responses (168KB PDF).

Application Assistance Updates

Assistance Management

  • Update us if you wish to change details regarding authorized recipients or immigration advisors. Submit forms via ImmiAccount.

Reporting Changes

Notification of Changes

  • Inform us of any changes post-application, including withdrawal requests, contact details updates, relationship status changes, or new births.

Ensure prompt communication and compliance with these guidelines to facilitate a smooth visa application process. For detailed assistance, refer to relevant resources or authorized immigration advisors.

Step 5: Visa Decision and Outcome

Application Status

Location Flexibility

  • You may be inside or outside Australia when we finalize your visa application.

Nomination Approval Requirement

  • Approval of your employer's nomination is mandatory before a visa grant.

Notification of Decision

Decision Communication

  • We will notify you of our verdictabout your visa application in writing.

Visa Grant Details

If Visa is Granted

  • Upon approval, you will receive:
    • Your visa grant number
    • Start date of your visa
    • Specific visa conditions

Record Keeping

  • Retain a copy of the decision for your records.

Visa Refusal Details

If the Visa is Refused

  • Explanations for denial will be provided.
  • Information on your right to appeal the decision will be included.

Application Charge

Refund Policy

  • The visa application charge is non-refundable in case of application refusal.

Ensure to maintain updated records and understand the implications of the visa decision communicated to you.

Life with Your Visa: What You Need to Know

Coming to Australia

Before You Leave

  • Travel Documents:Confirm you have aneffective visa and passport or travel document.

At the Border

  • Incoming Passenger Card: All arrivals must complete this card upon entry.
  • SmartGate: Expedite your airport exit using facial recognition technology and your ePassport.

For New Zealand Passport Holders

  • Special Category Visa: Inform immigration officers about your permanent Australian visa to avoid unintended visa grants.

In Australia: Rights and Responsibilities

What You Can Do

  • Stay Indefinitely: Enjoy permanent residence in Australia.
  • Work and Study: Pursue employment and educational opportunities.
  • Healthcare Access: Enroll in Medicare for comprehensive health coverage.
  • Family Sponsorship: Support yoursuitable relatives to accompany you in Australia.
  • Travel Privileges: Travel to and from Australia for up to 5 years.
  • Citizenship Eligibility: Apply for Australian citizenship, if eligible.
  • Government Support: Newly arrived residents may have limited access to certain benefits initially.

Your Obligations

  • Compliance: Adhere to all Australian laws.
  • Employment Commitment: Work for your nominating employer for at least 2 years.
  • Commencement of Employment: Start working within 6 months of visa grant or entry to Australia.

Traveling on Your Visa

Travel Conditions

  • Initial Period: Travel freely for up to 5 years from visa grant.
  • Renewal: Obtain a Resident Return Visa (RRV) after the initial period to maintain permanent resident status.
  • Consequences of Overstay: Leaving after travel facility expiry without a valid visa may impact your ability to return as a permanent resident.

Proving Your Visa Status

  • Using VEVO: Verify your visa details and conditions.
  • International Movement Records: Request records to document your travel history.

Working in Australia

Employment Rights

  • Protection: Australian workplace laws safeguard your rights.
  • Resources: Understand your workplace entitlements and protections.

Bringing Family

Family Sponsorship

  • Opportunities: Sponsor eligible family members to join you in Australia.
  • Visa Options: Explore visa options for your relatives.

Becoming an Australian Citizen

Citizenship Pathway

  • Eligibility: After meeting residency requirements, consider applying for Australian citizenship.
  • Residency Commencement: Permanent residency starts upon visa grant (in Australia) or entry (if granted outside Australia).

Leaving Australia

Before Departure

  • Travel Documents: Ensure your passport or travel document remains valid.

Visa Check

  • Validity Verification: Confirm visa conditions and RRV expiry using VEVO.
  • Renewal Preparation: Understand actions required if your visa is nearing expiry.

At the Border

  • SmartGate Option: Utilize SmartGate for faster airport departure using ePassport and facial recognition.

After Departure

Travel Records

  • Record Request: Obtain international movement records for proof of travel to and from Australia.

This comprehensive guide outlines what to expect and what's required when living and traveling with your Australian permanent resident visa. For detailed information, consult official resources or authorized immigration advisors.

Disclaimer: While we strive to provide accurate and comprehensive information about the Employer Nomination Scheme (subclass 186) Labour Agreement stream, readers are encouraged to conduct their own research and verification. The details presented on this platform are intended as a guide and may not encompass all individual circumstances or recent updates. We recommend consulting multiple sources and official government resources to ensure you have the most current and personalized information tailored to your needs. For further insights, please explore reputable sources and visit official websites



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