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Employer Nomination Scheme Visa (Subclass 186)

Direct Entry Stream

Introduction 

The Employer Nomination Scheme visa (subclass 186) offers skilled workers the opportunity to reside and work permanently in Australia upon nomination by an Australian employer.

Key Requirements

  • Employer Nomination: You must be selected by an Australian employer.
  • Occupation Eligibility: Your occupation must be listed on the relevant list of eligible skilled occupations.
  • English Proficiency: Competent English proficiency is required.

Benefits

  • Residency: Obtain permanent residency in Australia.
  • Work and Study: Live, work, and study indefinitely in Australia.
  • Family Sponsorship: Sponsor eligible family members to join you in Australia.
  • Citizenship Eligibility: Apply for Australian citizenship, subject to eligibility.

Additional Criteria

  • Occupational Requirement: Your occupation must be on the list of eligible skilled occupations.
  • Work Experience: Generally, you must have at least three years of related job experience, unless exempt.
  • Skills Assessment: A positive skills assessment is required unless exempted.

Cost

  • Starting from AUD 4,770.00

This visa pathway not only supports skilled migration but also offers a pathway to Australian citizenship, facilitating a secure and prosperous future in Australia.

Benefits of the Employer Nomination Scheme Visa (Subclass 186)

Indefinite Stay in Australia

  • Permanent Residency: This visa allows you to reside in Australia indefinitely.
  • Work and Study Opportunities
    • Relish the liberty to do jobs/work and study in Australia.

Access to Public Services

  • Health Care: Enroll in Australia’s public health care scheme, Medicare.

Family Sponsorship

  • Sponsorship: Support your relatives to accompany you in Australia.

Travel Flexibility

  • Travel Rights: Travel to and from Australia for a period of up to 5 years from the visa grant date.

Pathway to Citizenship

  • Citizenship Eligibility: Apply for Australian citizenship, if you meet the eligibility criteria.

Financial Considerations

  • Cost: The visa application fee is AUD 4,770.00 for the chief candidate, with extra charges for family associates.
  • Second Instalment: An additional charge of AUD 4,890.00 applies for family members aged 18 years or older with less than Functional English proficiency.
  • Other Costs: Additional costs may include health checks, police certificates, and biometrics.

Application Details

Application Process

  • Location: You can apply for this visa from within or outside Australia.
  • Conditions: If applying from within Australia, ensure you hold an applicable visa or a linked bridging visa.

Processing Information

  • Processing Times: Use the visa processing time guide for an estimate, noting that complete applications are processed more swiftly.
  • Application Requirements: Ensure all necessary documents are included to avoid delays.

Visa Conditions

  • Employment Obligations: Commit to working for your nominating employer for at least two years.
  • Travel Facilities: You can travel to and from Australia for up to five years from the visa grant date. Ensure to apply for a Resident Return Visa (RRV) if needed after this period.
  • Visa Label: Australian visas are digital; no physical label is issued in your passport.

Additional Information

Legal Compliance

  • Legal Obligations: You and your family members must comply with all Australian laws.

Employer Commitment

  • Employment Start: Agree to commence employment within six months of entry to Australia or the visa grant date, depending on your application location.

Important Notice

  • Resident Benefits: Newly arrived residents may face delays in retrieving certain Australian Government expenses and reimbursements/benefits.

This visa not only facilitates permanent residency in Australia but also offers pathways to citizenship, ensuring a stable and promising future in the country.

Eligibility Criteria for Employer Nomination Scheme Visa (Subclass 186)

Occupation Eligibility

  • List Requirement: Your occupation must be on the relevant list of eligible skilled occupations.
  • Work Experience Requirement
    • Relevant Experience: Typically, applicants need at least 3 years of relevant work experience in their nominated occupation, unless exempt.

Skills Assessment

  • Assessment Requirement: Most applicants must undergo a skills assessment demonstrating their capability for the nominated position.

Exemptions

  • Special Cases: Exemptions from skills assessments apply to academics nominated by Australian universities, scientists, researchers, or technical specialists nominated by Australian government agencies, and certain visa holders meeting specific employment criteria.

Licensing and Registration

  • Professional Requirements: If mandatory in the intended state or territory of work, you must hold relevant licensing, registration, or professional membership.

Nomination Process

  • Employer Nomination: You must be nominated by an actively operating and lawful Australian employer.
  • Timely Application: Apply for the visa within 6 months of the nomination approval.
  • Nomination Conditions: Visa approval is contingent on the availability of the nominated position and the legitimacy of the employer's operations.
  • Nomination Changes: A new nomination cannot be linked to an existing visa application; in such cases, withdrawing the initial application may be necessary.

Age Requirement

  • Age Limit: Normally, candidates must be below 45 years old at the time of application.
  • Exemptions: Certain exemptions apply for academics, scientific specialists, and specific visa holders meeting employment duration criteria.

This visa pathway adheres to stringent criteria ensuring skilled migration to Australia meets regulatory standards, fostering economic and professional growth.

Visa Application Requirements

Health Requirement

  • Mandatory Health Assessment: You and any accompanying family members must meet Australia's health standards. Health information may be requested for non-migrating family members.

Character Assessment

  • Character Evaluation: Applicants aged 16 and above, including family members, must meet Australia's character requirements. Character details may be required for non-migrating family members.

Australian Values Statement

  • Commitment to Australian Values: If 18 years or older, you must sign a statement affirming respect for the Australian way of life and adherence to Australian laws after reading or being briefed on the Life in Australia booklet.

English Proficiency

  • Language Requirement: Competent English proficiency is required for this visa stream.

Financial Obligations

  • Government Debt Clearance: Clear any debts owed to the Australian Government or have a formal repayment arrangement in place.

Immigration History

  • Review of Immigration Record: Your visa eligibility considers past visa cancellations or application refusals.
  • Exceptions: There may be opportunities to apply for a permanent visa despite past issues, subject to specific limitations.

Additional Information

Application Considerations

  • Applying from Overseas: Guidelines for applying for visas while outside Australia are outlined under "Can I go to Australia."
  • Immigration Assistance: Explore options for professional support with your visa application through qualified immigration advisors.

These requirements ensure compliance with Australian standards while offering a pathway to permanent residency, reflecting Australia's commitment to maintaining integrity and fostering multicultural values.

Step-by-Step Guide to Visa Application

Step 1: Preparation

Skills Assessment

  • Verify Your Skills: Obtain a skills assessment to demonstrate your qualifications align with job requirements.

English Proficiency

  • Language Proficiency: Ensure your English test results meet current visa requirements.

Health Examinations

  • Health Assessment: Complete required health examinations either before or after submitting your application.

Immigration Assistance

  • Authorized Support: Seek assistance from registered migration agents, legal practitioners, or exempt individuals for your application.

Document Handling

  • Appoint a Representative: Designate someone to manage visa-related documents on your behalf.

Employer Nomination

  • Transaction Reference Number: Obtain the nomination Transaction Reference Number (TRN) from your employer.

Legal Compliance

  • Avoid Penalties: Familiarize yourself with the legal implications of visa sponsorship and be cautious of potential scams.

This step-by-step process ensures you are well-prepared to navigate the visa application journey, adhering to regulatory standards and safeguarding against unauthorized practices.

Step 2: Document Preparation

Provide Accurate Information

  • Accuracy is Key: Ensure all information provided is truthful and verifiable to evade delays or difficulties.

Identity Documents

  • Passport Details: Include pages from your current passport displaying your photo, personal information, and issuance details.
  • Additional Documents: Submit a national identity card if available, along with proof of any name changes.

Professional Requirements

  • Licensing and Registration: Include evidence of mandatory licenses, registrations, or professional memberships required for your intended occupation in Australia.
  • Specialist Certifications: For medical practitioners or legal professionals, provide appropriate certification of registration or admission to practice.

Skills and Qualifications

  • Documentation Requirements: Provide documents validating your skills and qualifications, including:
    • Skills Assessment: A positive and current skills assessment (excluding assessments for subclass 485 visas).
    • Curriculum Vitae (CV): Detailed resume outlining your professional background.
    • Qualifications and Work Experience: Certificates and references verifying relevant work experience.
  • Exemption Proof: If exempt from skills assessment, provide documentation supporting:
    • Nomination as an academic or specialist by a university or Australian government agency.
    • Employment details under specific visa categories.

English Language Proficiency

  • Proof of Competence: Submit documentation demonstrating Competent English proficiency.

Health and Character Requirements

  • Health Examinations: If applicable, provide health examination results.
  • Character Assessment: Include an Australian police certificate for residency periods exceeding 12 months in the last 10 years since turning 16.

Immigration Assistance

  • Authorized Representatives: Appoint only registered migration agents, legal practitioners, or exempt individuals for immigration assistance.

Family and Dependents

  • Partner and Dependents : Provide necessary documents, such as identity proofs, character assessments, and proof of relationship or dependence.
  • Parental Consent: Obtain consent for minors traveling without one parent.

Translation Requirements

  • Translation Guidelines: Non-English documents must be translated by accredited translators, including full contact details and qualifications.

Document Submission

  • File Preparation: Scan or photograph all documents in color, ensuring clarity and completeness.

By meticulously preparing and submitting these documents, you streamline your visa application process, adhering to Australian immigration standards and ensuring accuracy in document handling.

Step 3: Visa Application Process

Apply Online via ImmiAccount

  • Secure Online Application: Access ImmiAccount to initiate your visa application process.

Accuracy is Crucial

  • Ensure Accuracy: Submit truthful and verifiable information to avoid delays or complications.

Steps to Apply:

1. ImmiAccount Access:

  • Login or Create Account: Begin your application journey by logging into your ImmiAccount or creating a new one if needed.

2. Document Submission:

  • Attach Required Documents: Upload all necessary documents to support your application.

3. Payment Process:

  • Pay Application Fee: Complete the payment of the application charge. Note that processing will commence only upon payment.

4. Transaction Reference Number (TRN):

  • Record TRN: Keep track of your Transaction Reference Number (TRN) for future reference and tracking.

By succeeding in these steps industriously, you confirm a smooth and efficient visa application process, utilizing secure online platforms and adhering to regulatory requirements.

Step 4: Post-Application Procedures

What Happens After You Apply?

  • Application Acknowledgment: You will receive confirmation once we've received your application.

Status Updates

  • Processing Updates: While we adhere to standard processing times, check ImmiAccount for any requests for additional information.

Travel During Processing

  • Travel Permissions: If in Australia, you can travel outside the country without notifying us. Confirm you have an effective visa to return.
  • Bridging Visas: If your current visa expires before a decision is made, a bridging visa will be granted to maintain lawful status.

Health Examinations

  • Health Assessment: If not completed before applying, we'll notify you if health exams are required. Monitor ImmiAccount for updates.

Biometrics

  • Fingerprint and Photo Requests: We'll inform you if biometric information (fingerprints and photo) is necessary.

Additional Document Submission

  • Information Requests: Promptly upload any requested additional documents through ImmiAccount.

Maintain Legal Status

  • Visa Validity: Ensure you hold a valid visa throughout the processing period.

Second Instalment Payment

  • Fee Notification: If applicable, we'll invoice you for the second instalment after meeting all visa requirements.

Adding Family Members

  • Family Inclusions: You can add eligible family members to your application before a decision is made, including newborns.

Correcting Application Errors

  • Error Notification: Notify us immediately of any mistakes using Form 1023 Notification of incorrect answers.

Application Assistance

  • Changing Representatives: Update or withdraw authorized representatives using the appropriate forms via ImmiAccount.

Updating Application Details

  • Change Notifications: Inform us promptly of any changes, such as contact details, passport updates, or family status changes, before a decision is made.

By staying informed and proactive throughout these steps, you ensure a smooth application process and timely updates on your visa status. Utilize ImmiAccount for efficient communication and document management.

Step 5: Visa Outcome

Visa Decision Notification

  • Location Flexibility: You can be inside or outside Australia when we finalize your visa application.

Nominative Approval Requirement

  • Employer Nomination Approval: Your employer's nomination must be approved before we can grant your visa.

Decision Notification

  • Written Confirmation: We will inform you of our decision regarding your visa application through written correspondence.

Visa Grant Details

  • Granted Visa Information: If approved, you will receive details including your visa grant number, start date, and specific visa conditions.

Document Preservation

  • Retain Decision Copy: Ensure you keep a copy of the decision notification for your records.

Refusal Notification

  • Reasons and Review Rights: If your visa application is declined, we will specify the reasons for refusal and whether you have the right to file a petition for the conclusion.

Fee Considerations

  • Non-Refundable Charges: Please note, the visa application charge is non-refundable if your application is refused.

By understanding these outcomes, you can prepare accordingly for your visa decision and any potential next steps in the process.

When You Have This Visa: What to Know and Do

Coming to Australia

Before You Travel

  • Check Your Travel Documents: Ensure you have a valid visa and passport or travel document to enter Australia.

At the Border

  • Completing an Incoming Passenger Card: All arrivals must complete this card, provided during your flight.
  • Fast Departures: Utilize SmartGate for quicker airport processing with facial recognition technology and an ePassport.

For New Zealand Passport Holders

  • Important Note: Inform immigration officers that you hold a permanent Australian visa and do not require a Special Category visa (subclass 444). Failing to do so may disturb your visa status.

In Australia

Benefits of This Visa

  • Stay Indefinitely: Live in Australia indefinitely with rights to work and study.
  • Healthcare Access: Enroll in Medicare for healthcare coverage.
  • Family Sponsorship: Sponsor eligible relatives to join you in Australia.
  • Travel Privileges: Travel to and from Australia for up to 5 years.
  • Path to Citizenship: Eligible to apply for Australian citizenship if requirements are met.

Obligations

  • Law Abidance: Must comply with all Australian laws.
  • Employment Commitment: Agree to commence employment within 6 months of visa acceptance or access to Australia.

Staying Permanently

  • Travel Conditions: Initially valid for 5 years for travel to and from Australia.
  • Resident Return Visa (RRV): After 5 years, secure a Resident Return Visa (RRV) to re-enter Australia as a permanent resident.

Proving Your Visa Status

  • Using VEVO: Verify your visa details and conditions, and request international movement records if needed with Form 1359.

Working in Australia

  • Workplace Rights: Protected by Australian workplace laws; understand your rights and entitlements.

Sponsoring Family

  • Visa Options: Explore visa opportunities to sponsor eligible family members to join you in Australia.

Australian Citizenship

  • Eligibility: Pursue Australian citizenship after meeting residency requirements.

Leaving Australia

Before Departure

  • Check Travel Documents: Confirm your passport and visa are valid before leaving Australia.

After Departure

  • Proving Your Stay: Request international movement records with Form 1359 to confirm your visit to Australia.


Disclaimer: While we strive to provide comprehensive and accurate information about the Employer Nomination Scheme visa (subclass 186) Direct Entry stream, readers must conduct their research to validate and supplement the details presented here. Visas and immigration policies can be complex and subject to updates or changes by relevant authorities. Therefore, we highly recommend that individuals seek additional information from official government sources or qualified migration experts to ensure they make informed decisions about their visa application process. For further insights, please visit official websites or consult trusted immigration professionals.

Know More About Subclass 186 At The Official Website
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