The Subclass 186 Visa, also known as the Employer Nomination Scheme (ENS) Visa, offers a pathway for skilled workers to gain permanent residency in Australia through employer sponsorship. This visa is designed for individuals who are nominated by an Australian employer in an eligible occupation.
It has three (3) distinct streams, each catering to different scenarios:
1. Direct Entry Stream
This stream is ideal for individuals who have the qualifications and experience in an eligible occupation but do not currently hold a temporary visa. Key requirements include:
You must have at least 3 years of relevant work experience or meet specific qualifications in your nominated occupation.
Demonstrate Competent English through approved tests or be from an English-speaking country.
Generally, applicants must be under 45 years of age, though some exemptions apply.
2. Temporary Residence Transition Stream
For those already working in Australia under a Subclass 457 or 482 (TSS) visa, the Transition Stream offers a path to permanent residency. Requirements include:
You must have worked full-time for your nominating employer for at least two or three years, depending on your visa type.
Must demonstrate Competent English.
Generally, applicants must be under 45 years of age, though exemptions are available.
3. Labour Agreement Stream
This stream is for applicants who are sponsored under a labour agreement.
You must be nominated by an employer under a specific labour agreement.
Similar to the other streams, you must meet age, English proficiency, and experience requirements.
English Language Requirement
You must demonstrate Competent English, with acceptable test scores from IELTS, TOEFL, PTE Academic, OET, or Cambridge. There are exemptions for passport holders from certain English-speaking countries.
Including Family Members
You can include dependent family members in your Subclass 186 Visa application, such as children and partners. Children must be under 18 years old, or if over 18, they must be financially dependent on you under certain conditions. Partners must provide evidence of a genuine and ongoing relationship. Additionally, all family members included in the application must meet the health and character requirements set by the Department of Home Affairs.
Benefits
Holding a Subclass 186 Visa grants you several benefits, including:
Live and work in Australia indefinitely.
Access to educational opportunities.
Unlimited travel to and from Australia for 5 years.
Enrolment in Medicare, Australia’s public healthcare system.
Ability to sponsor relatives to come to Australia.
Potential to apply for Australian citizenship if eligible.
Application Process
1. Secure Employer Sponsorship
To apply for the Subclass 186 Visa, first, you need an Australian employer willing to sponsor you. This means finding a business that can offer you a genuine, full-time position and is approved to nominate candidates for this visa. The employer must submit a nomination application to the Department of Home Affairs, demonstrating that the position meets Australian standards and that the business can support you.
2. Document Collection
After receiving your employer's nomination, you need to collect all required documents for your visa application. This includes personal identification such as your passport and certificate of live birth, professional credentials like qualifications and work references, proof of English language proficiency, and health and character clearances. Make sure all documents are up-to-date and accurately represent your situation.
3. Lodge Nomination and Visa Application
Submit both the employer's nomination and your visa application to the Department of Home Affairs. This involves completing application forms, attaching supporting documents, and paying the relevant fees. If the nomination and visa applications are not submitted together, you must lodge your visa application within six (6) months of the nomination approval.
4. Decision
After submitting your applications, wait for the Department of Home Affairs to process and make a decision. This period can vary, and you may be asked for additional information or documentation. You will receive notification of the decision, and if approved, your visa grant notice will include details about your visa conditions and validity.
5. Post-Approval
Once approved, you must work for your nominating employer for at least two (2) years. Adhere to any specific visa conditions and enjoy the benefits of permanent residency, such as access to Medicare and the ability to travel to and from Australia for five years. Plan for long-term settlement and consider future steps towards Australian citizenship if applicable.
Frequently Asked Questions (FAQs)
Q1. Can I apply for the Subclass 186 Visa if I am currently on a Bridging Visa?
- Yes, you can apply for the Subclass 186 Visa while on a Bridging Visa. However, you must ensure that your Bridging Visa conditions do not affect your eligibility and that you meet all the requirements for the Subclass 186 Visa.
Q2. What happens if my employer withdraws the nomination after I have lodged my visa application?
- If your employer withdraws the nomination after you have lodged your visa application, your visa application will be refused. The Department of Home Affairs requires a valid nomination for your visa to be granted, so it is crucial to ensure your employer's commitment throughout the process.
Q3. Can I include my adopted child in my Subclass 186 Visa application?
- Yes, you can include an adopted child in your Subclass 186 Visa application, provided that the adoption is legally recognized and the child meets the visa requirements, such as being under 18 or dependent under specific conditions.
Q4. If I have held multiple 457 or 482 visas, can all my time working under these visas be counted for the Transition Stream?
- Yes, time worked under multiple 457 or 482 visas can be counted towards the work experience requirement for the Transition Stream, as long as it was for the same employer and meets the two-year requirement within the specified period.
Q5. What are the options if I need to change my employer after my Subclass 186 Visa has been granted?
- Once your Subclass 186 Visa is granted, you are generally required to work for your nominating employer for at least two years. If you need to change employers before this period ends, you must ensure that the new employment situation complies with visa conditions, and you may need to seek advice on how it affects your visa status.
Q6. Is there an age exemption for the Subclass 186 Visa if I am a senior executive?
- There are specific exemptions for high-level positions, such as university lecturers or senior executives nominated by Australian universities or certain organizations. If you hold a senior role and meet the criteria, you may be eligible for an age exemption.
Q7. Can I apply for the Subclass 186 Visa if I am self-employed?
- No, the Subclass 186 Visa requires that you are nominated by an Australian employer. Self-employment does not meet the nomination requirement, so you would need to secure sponsorship from a recognized Australian business to apply for this visa.
Q8. Can I include my dependent parents in my Subclass 186 Visa application?
- No, Dependent parents cannot be included in a Subclass 186 Visa application. The visa allows for inclusion of dependent children, partners, and their dependent children, but not parents. For parents, other visa options would need to be explored.
Please note that immigration regulations may change over time. To ensure you meet the current eligibility criteria and receive personalized guidance, we recommend consulting with Australian Portal Immigration. You can book your appointment here.
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