work Visa (186)

Employer Nomination scheme visa (186)

The 186 visa is available in 3 different streams – Direct Entry, Labour Agreement, and Temporary Residence Transition. The conditions of these 3 streams all differ, however there are some commonalities as well.

How It Works

This visa allows you to do the following:

Secure permanent residency in Australia.
Engage in work and education within the country.
Enrol in Australia’s comprehensive public healthcare program, Medicare.
Act as a sponsor to bring your relatives to Australia.
Enjoy the privilege of multiple travels to and from Australia for a duration of 5 years.
Subject to meeting eligibility criteria, pursue Australian citizenship.

If you want to include family members in your application, an additional cost will be incurred for each family member. There will also be an additional charge of $4890 for each family member that is 18 years or older that doesn’t have a level of functional English – this is known as a second instalment charge and will only be invoiced to you if you have met all of the other requirements of the visa. If the visa is not granted to you, this second instalment charge will be refunded.

For the first 5 years after your visa has been granted, you can travel to and from Australia without restriction. If your desire is to travel beyond the initial 5-year period, the following steps are necessary:

Submit a successful application for a Resident Return Visa (subclasses 157 and 155) to obtain permission for re-entry into Australia as a permanent resident.
Additionally, it is worth considering the option of acquiring Australian citizenship. By becoming an Australian citizen, you eliminate the need for a visa when entering Australia. It is important to note that you will still be required to apply for an Australian passport, which you will utilize for exiting and re-entering Australia.

In the event that you depart Australia after the expiration date of your travel facility without obtaining another valid travel facility through a permanent visa, such as a Resident Return, it will not be possible to re-enter Australia as a permanent resident.

Eligibility

It is imperative for both you and your family members to adhere to all the laws of Australia. The primary visa holder must dedicate a minimum of 2 years to working for the employer who nominated them. Commencement of your employment is required within 6 months under the following circumstances:

If you were granted the visa outside Australia, the deadline is set from the date of your entry to the country.
If you were granted the visa within Australia, the deadline is set from the date of visa grant.

If the state or territory in which you plan to work mandates it, you are required to obtain a license, registration, or become a member of a professional organization. It is also essential that you possess either a substantive visa or one of the following bridging visas if you are applying while in Australia: Subclass 010 Bridging A visa, Subclass 020 Bridging B visa, or Subclass 030 Bridging C visa.

Direct entry stream

How It Works

You must first have an eligible occupation, and then prove that you have the skills for this occupation using a skills assessment and having at least 3 years of work experience. Some applicants may be exempt from the skills assessment and work experience requirement.

Duration – permanent residence
Cost – from $4240 (visa fees only, and additional family members will incur extra costs)
Migration Consulting Fees – a quote will be provided from the outset based on the complexity your particular matter.
Average processing time – under 13 months

Eligibility

It is a prerequisite that you receive a nomination from an Australian employer whose business is actively and lawfully functioning. To proceed with your visa application, you are required to submit it within a period of 6 months following the approval of the nomination. Please be aware that the visa will not be granted in the event that the nomination is withdrawn, or the position that was originally offered has become unavailable.

In general, the age limit for applying is typically set at below 45 years. There are certain exemptions to this criterion if any of the following circumstances apply to you:

You have been nominated as an academic (university lecturer or faculty head at Academic Level B, C, D, or E) by an Australian university.
You have been nominated as a scientist, researcher, or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian government agency specializing in scientific matters.
You currently hold a Special Category (subclass 444) or New Zealand citizen’s family member (subclass 461) visa and have worked in the nominated position for the employer who nominated you for a minimum of 2 years within the last 3 years prior to your application. Please note that the calculation of these 2 years excludes any periods of unpaid leave.

Labour Agreement Stream

How It Works

To obtain this visa, you must first hold the 457 visa or the temporary 482 visa in the Labour Agreement stream.
The New Labour Government has announced changes to come into effect as from December 2023, to allow for TSS Subclass 482 Visa holder to have access to the ENS Subclass 186 Temporary Resident Transitional Stream after 2 years instead of 3. More information will be available closer to the time.

Duration – permanent residence
Cost – from $4115 (visa fees only, and additional family members will incur extra costs)
Migration Consulting Fees – a quote will be provided from the outset based on the complexity your particular matter.
Average processing time – under 11 months

Eligibility

It is a requirement that you are presently nominated and employed, or will be employed, by your employer under a labour agreement. For the position, you must possess appropriate English language skills, as well as relevant experience, skills, and other qualifications. The labour agreement will provide specific guidelines regarding these requirements. There is a possibility that we may request a skills assessment to verify your capability to perform in the designated position. Please refrain from obtaining an assessment unless specifically instructed to do so by us. To obtain this visa, you must also be under the age of 45 years unless your labour agreement says otherwise.

Temporary Residence Transition Stream

How It Works

In addition to the second instalment charge or $4890 for additional family members, if the main applicant does not have a level of competent English then they are required to pay $9800 as well.

Eligibility

You must currently be the primary holder of one of the following visas:

a 457 visa (granted in any stream other than the Labour Agreement stream)
a 482 visa (granted in any stream other than the Labour Agreement stream)

If you held either of these visas but they have expired, then you must be the holder of an A, B, or C bridging visa that was obtained after the expiration of your previous visa.

Your nominated employer must have also sponsored you to work full-time on either your subclass 457 or subclass 482 visa for a minimum of 3 years out of the 4 years leading up to the nomination. If you held a subclass 457 visa on 18 April 2017, or if you had applied for it and later received it, your employer must have sponsored you to work full-time for at least 2 years out of the 3 years preceding the nomination for this particular visa. In the event that the business ownership of your subclass 457 or subclass 482 sponsor has undergone changes within the past 3 years, such as a business sale, takeover, or restructure, there is a possibility that you can still include the duration of your employment with the previous business.

The general requirement is that you should be below 45 years of age at the time of application, however you are exempt if any of the following circumstances apply to you:

You have been nominated as an academic, such as a university lecturer or faculty head, at Academic Level B, C, D, or E by an Australian university.
You have been nominated as a scientist, researcher, or technical specialist at ANZSCO skill level 1 or 2 by a scientific government agency in Australia.
As a medical practitioner, you have worked in your nominated occupation for a minimum of 3 years as either a subclass 457 or 482 visa holder, with 2 of those 3 years being employed in regional Australia. Furthermore, the position itself must be located in regional Australia.
If you are currently holding a subclass 457 or 482 visa, you have been working in the nominated occupation for the sponsoring employer continuously for at least the past 3 years, and your earnings have consistently met or exceeded the Fair Work High Income Threshold for each year within that period.