Employer Nomination Scheme Visa Subclass 186
Are you reviewing Permanent Residence options for your business’ overseas employees to stay in Australia? Or are you a skilled professional on a TSS 482 or 457 Visa wanting to apply for Permanent Residence in Australia? Perhaps you are a skilled professional that would like to be sponsored by an employer for Permanent Residence directly? The Employer Nomination Scheme (ENS) Subclass 186 Visa program in Australia provides businesses with several options to sponsor employees for a Permanent Residence Visa. The program has two main streams available:
- Through the Subclass 186 Direct Entry Stream, your business can sponsor an employee for Permanent Residence directly, without the need for a transition from a temporary work visa. This stream usually requires the visa applicant to undertake a skills assessment.
- Alternatively, the Subclass 186 Temporary Residence Transitional (TRT) Stream allows your business to sponsor an employee to transition to Permanent Residence from a Subclass 482 Visa after working in your business for three years or two years for some Subclass 457 visa holders where transitional arrangements apply.
Under both streams, your business must offer a position that is available for two years after the visa grant date and the applicant must intend to remain in that position for those two years. It is also possible to engage 186 Visa Holders through the Labour Agreement Stream – our migration agents can also assist with the different requirements that apply when establishing a Labour Agreement.
What’s the process to acquire a 186 Visa to Australia?
Firstly, your business will need to apply to the Department of Home Affairs to become an approved sponsor if you don’t have a Sponsorship agreement already in place. This is done by applying for either Standard Business Sponsorship or Accredited Sponsorship. Once you’ve obtained approval, your business can access a five year validity period to sponsor eligible applicants as required for roles that are difficult to fill locally.
There are two steps to applying for 186 Visa sponsorship for a skilled candidate – the company’s Nomination application and the employee’s Visa application. The business must make a Nomination application and meet several evidence requirements proving to the Australian Government you have been unable to fill the nominated position locally. As part of your nomination application, you must prove that:
- Your business is active and lawful
- Your business has a genuine need for the position
- You will pay the applicant a market salary rate
- You will employ the individual in a skilled position that is eligible for the 186 Visa
Our migration agents can discuss how your business should provide evidence of Labour Market Testing and other requirements to support your claims in the very specific ways required by the Department of Home Affairs.
The applicant must also make a 186 Visa application with evidence that they have the required skills and experience for the position as stipulated by ANZSCO. The visa applicant will be required to undertake a skills assessment (unless exempt) and an English language test. Generally, to apply for a 186 Visa the applicant needs to have at least 3 years of relevant work experience in their nominated occupation. There are very specific ways in which the Government assesses whether the applicant meets the work experience requirements to be eligible for the visa and our migration agents assist your employees through this process. Applicants can be inside or outside Australia when they apply for a 186 Visa. 186 Visa holders also need to begin their employment within 6 months of entering Australia if the visa is granted when the applicant is outside Australia, or otherwise within 6 months of the visa grant date if the applicant is in Australia at the time the visa is granted. The applicant may be able to include family members on their visa. It’s important to note that all applicants included on the visa need to meet health and character requirements.
When sponsoring visa holders, there are several obligations and visa conditions your business will need to consider. As part of our services, our migration agents seek to keep you informed of any complexities that may impact your applicant’s visas, and provide ongoing advice to navigate you and your employees through the process. Interstaff’s visa sponsorship management services can help you understand how legislative requirements apply to your business and migration needs.
How Interstaff Can Help
Our Registered Migration Agents servicing Perth, Melbourne, Sydney and Australia-wide can:
- Advise whether your business is eligible to nominate an overseas employee through the 186 Visa program
- Assist with your nomination application and provide consultancy on corporate migration strategies for your business – such as Permanent Residence policies
- Provide support and advice to each individual visa applicant throughout the application process
- Help your business and its overseas employees remain compliant with requirements and obligations by providing ongoing advice
We also liaise between the applicant, employer and the Department of Home Affairs, Australian State or Territory Government agencies and any regional certifying bodies or skills assessment authorities on your behalf as required to progress your applications.
Interstaff has assisted businesses with their sponsorship and nomination requirements and obligations for over 30 years since 1988. Skilled individuals wishing to explore their Permanent Residence visa options and businesses interested in sponsoring candidates on a 186 Visa are encouraged to call us on 1800 449 858 or get in touch with us to discuss their migration needs.
“I want to say thank you to the Interstaff team for assisting us through the 186 Visa process – especially when we had questions and your team were quick to answer them. I would recommend Interstaff to anyone in need of a migration agent. I’d give them 10/10. Once again, thank you to your team for an excellent job.”