A Comprehensive Guide About Employer Nominated Visa

Are you a skilled professional dreaming of building a permanent career in Australia? What if I tell you that Australia needs you and your skills? Employer Nominated Visa (Subclass 186) can be helpful in settling you in Australia.

The subclass 186 visa doesn’t just offer a job but also becomes your passport to permanent residency. It offers the visa holder unrestricted rights to live and work anywhere in Australia and includes dependent family members. To be eligible, applicants must have an employer willing to nominate them, and the occupation must be on the Subclass 186 Occupations List.

In this guide, we will dive deeper into all-important aspects and changes in employer nominated visa.

What are Different Streams oF Subclass 186?

As we know subclass 186 visa is available for both onshore and offshore applicants and provides them with permanent and flexible opportunities to work in various occupations.

This visa is categorized among three different streams:

1. Direct Entry Stream:

This stream is for those individuals who meet specific skills requirements and possess relevant experience in a nominated position. Eligibility extends to any job listed in the skilled occupations list. For this stream, candidates must secure an eligible sponsor and meet criteria that may vary based on the chosen stream.

2. Labour Agreements Stream:

For those whose sponsors are part of labour agreements, the Labour Agreements Stream provides an alternative route. Labour agreements empower Australian sponsors to bring in overseas workers when local market shortages persist and other visa options are impractical.

3. Temporary Residence Transition Stream:

The Temporary Residence Transition Stream is for individuals holding or previously holding a temporary work visa subclass 457 or 482. This stream serves as a bridge for those wishing to extend their stay indefinitely.

Undertsand the Eligibility Criteria for Applicants ( Employer Nominated Visa:

If you want to be eligble for subclass 186, you need to fulfil the following eligibility requirements:

You must have competent English language skill (unless you are exempt).
You must meet health and character requirements.
The nominated occupation must be on the Subclass 186 Occupations List, and it must be a genuine position consistent with the nature of the business.
Two years of work experience in the nominated occupation and accreditation of qualifications and work experience in Australia are required.
You must be under 45 years of age (unless you are exempt).
You must have the skills and qualifications necessary for the nominated occupation.
Applicants need an Australian employer willing to offer a job and nominate them for the Subclass 186 visa.

Eligibility Criteria for Employers (186 Visa):

You need to meet the below-mentioned criteria to nominate applicants for subclass 186:

Financial Capacity: Employers must demonstrate financial capacity to pay the full-time salary for the nominated position for at least the next two years.
Market Salary and Conditions: Employers must be unable to find an Australian worker, pay a market salary rate for the position, and offer conditions equivalent to Australian workers.
Legal Considerations: Employers may need legal advice on whether they can nominate a specific person, understanding the nomination process, associated costs, and obligations.

Document Checklist For Applicants:

The documentation required for the Employer Nominated Visa application includes:

Valid passport and ID.
Character and name change documents.
Proof of English language proficiency.
Skill assessment if applicable.
Qualifications and work experience.
Licensing, membership, and professional registration documents if applicable.
Completed forms 956a and 956.
Additional documentation for partners, dependent children under 18, and dependent children over 18.

Document Checklist For Employer:

Employers nominating individuals for the 186 visa must collect the following mentioned of documents:

Employment contract.
Evidence of paid levy fee.
Proof of annual salary rate if applicable.
Documentation affirming the business’s legal operation.
Proof of a genuine need for an overseas employer.
Financial statements.
Position details, ANZSCO code, and organizational chart.
Health workforce certificate for healthcare positions.
Additional documents for the Temporary Residence Transition Stream, including evidence of prior work under visa 457 or 482, sponsorship change documents, and proof of associated business.

Nomination Process:

To secure a nomination for the 186 visa:

The candidates must have an eligible sponsor. The sponsor must meet specific eligibility criteria. These requirements are subject to variation depending on the chosen stream.
The nomination process requires the applicant tsubmit an application via ImmiAccount. The application fee is AUD540, though exemptions may apply.
A crucial step in the nomination process is the payment of the skills fund fee by the sponsor. This fee, set at AUD3,000 for sponsors, is mandatory for the nomination’s approval by the Department of Foreign Affairs.

Changes in 2024 (Temporary Residence Transition Stream):

The Australian government has announced a few changes in employer nominated visa. These changes align with broader efforts to create a more equitable pathway to Permanent Residency (PR) for all TSS visa holders.

The modifications are part of the government’s ongoing initiatives following the development of the Migration Strategy Outline and in response to the findings of the 2023 Review of the Migration System Anticipated changes to the Temporary Residence Transition Stream in 2024 aim to enhance accessibility and flexibility. Key adjustments include:

Employers are now allowed to nominate holders of all streams of Temporary Skill Shortage (TSS) visas. This even includes Short-term and Labour Agreement streams.
The requirement of nominated occupations to be assessed against a skilled migration occupation list is removed. Now Australian government will rely on the Australian and New Zealand Standard Classification of Occupations (ANZSCO).
The Australian government has reduced the required period of time a TSS visa holder must hold their visa and work in their nominated position to be eligible for the Temporary Residence Transition Stream to two out of three years before nomination.

Other Planned Changes:

In addition to alterations in the Temporary Residence Transition Stream, further changes are on the horizon. These include:

They may update exemptions for regional medical practitioner applicants and high-income earning applicants aged 45 years and over, allowing for a two-year pathway.
Australian government might end COVID-19 related age exemptions that have become redundant due to the two-year pathway.

For more information, please check out this video:

What Are the Benefits Of Changes To SC 186?

These are the top benefits that Skilled individuals can avail of SC 186.

1. Streamlining Nominations:

The inclusion of Short-term and Labour Agreement streams enables a broader range of applicants to transition to permanent residency. This change accommodates individuals who may have entered Australia under different TSS visa categories.

2. Occupation Assessment Simplification:

Relying on the Australian and New Zealand Standard Classification of Occupations (ANZSCO) eliminates an additional layer of assessment. Thus, it is more straightforward for applicants to understand and meet the criteria.

3. Reduced Time Requirement:

Reducing the period of time a TSS visa holder to two out of three years before nomination enhances flexibility. This adjustment acknowledges the diverse career trajectories of skilled migrants

4. Age Exemptions and Two-Year Pathway:

The changes in the Subclass 186 visa now make it easier for certain applicants, especially those in important jobs like healthcare, who are 45 years or older. They get an extra two years to apply, recognizing that it takes time for them to settle in Australia and make a big impact in their work. This gives them a better chance to contribute to the Australian workforce and become permanent residents.

5. Equitable Access to Permanent Residency:

Overall, these changes contribute to a more equitable system. These changes ensures that all TSS visa holders have reasonable and transparent opportunities to achieve permanent residency. By aligning the nomination requirements with the evolving needs of the labor market and recognizing the diverse career paths of skilled migrants, the Australian government aims to create a fair and inclusive migration system.

Conclusion:

The Employer Nomination Scheme Visa (subclass 186) serves as a crucial pathway for foreign workers aspiring to establish permanent residency in Australia. The upcoming changes in 2024 reflect the Australian government’s commitment in refining and improving the visa system. So, they could better meet the needs of both migrants and the Australian workforce.

Get Subclass 186 with the help of The Migration

The Migration is a registered immigration consultancy agency of qualified and experienced immigration consultants and visa processing officers. They keep themselves up to date with current changes in Australian immigration law. We have a team of migration agent and visa consultants who work under the supervision of competent Agent Nasir Nawaz . He is a registered migration agent with 10 decades of experience and expertise in Australian immigration and visas-related work.

Don’t wait any longer, choose The Migration as your trusted partner. Contact us today to turn your immigration aspirations into reality. Your brighter future awaits you.

FAQs on Employer Nominated Visa:

Q1: Can the 186 visa be declined?

Yes, a common reason for 186 Nomination refusal is the employer’s failure to demonstrate financial capacity to pay the full-time salary for the nominated position for the next two years.

Q2: What is the success rate of the 186 visa?

Visa processing times for Subclass 186 are as follows:

25% processed within three months.
50% processed within eight months.
75% processed within 12 months.
90% processed within 13 months.