Subclass 186 Visa Requirements (Employer Nomination Scheme Visa)

The Subclass 186 Employer Nomination Scheme (ENS) visa is a permanent residency option for skilled workers sponsored by eligible Australian employers. This visa allows businesses to fill highly skilled positions with qualified migrants when they are unable to source suitable talent from the local labour market.

AIM Lawyers & Consultants guide businesses and employees by providing expert advice and assistance with all matters relating to immigration and visa requirements. Our team of experienced lawyers and consultants can help clients navigate the complex legal landscape and ensure that all immigration processes are completed efficiently and accurately.

Types of Subclass 186 Visa Streams

The Subclass 186 visa has three main streams:

Transition Stream
For applicants who hold a temporary work visa, such as the Temporary Skill Shortage (TSS) visa.
Direct Entry Stream
For applicants who have an occupation that is on the list of eligible skilled occupations and have at least 3 years relevant work experience.
Agreement Stream
For applicants sponsored under a labour agreement stream between the employer and the government.

Eligibility Criteria for the Subclass 186 Visa

To be eligible for the Subclass 186 visa, applicants must meet a range of criteria, including:

Employer Nomination Requirements

The employer sponsoring the Subclass 186 visa applicant must meet several key requirements:

The business must be actively and lawfully operating in Australia
The nominated position must be genuine and available for at least 2 years
The employer must have the financial capacity to employ the applicant in the nominated position
The employer must pay the Skilling Australians Fund (SAF) levy for each 186 nomination year.

Work Experience and Skill Requirements

Applicants for the Subclass 186 visa must have at least 3 years of relevant work experience in their nominated occupation or a related field. This experience can be gained either in Australia or overseas.

Additionally, applicants under the Direct Entry Stream must have their skills formally assessed as suitable for the nominated occupation by the relevant assessing authority.

English Language Proficiency

Demonstrating “Competent English” is a key requirement for the Subclass 186 visa. Applicants can meet this by achieving an IELTS score of at least 6 in each component or equivalent in other accepted English language tests, such as TOEFL, PTE, or OET.

Certain applicants may be exempt from the English language requirement, such as those who are citizens of the UK, USA, Canada, New Zealand, or Ireland.

Health and Character Requirements

All Subclass 186 visa applicants must meet the necessary health and character requirements set by the Australian government. This involves:

Medical Examinations

Applicants must undergo a comprehensive medical examination to ensure they meet the required health standards for permanent residency in Australia. This examination typically includes a general health check-up, chest x-rays, and tests for specific conditions such as tuberculosis and HIV. The purpose of the medical examination is to identify any health conditions that might pose a public health risk to the Australian community or result in significant healthcare and community service costs.

The examination is conducted by a panel physician approved by the Department of Home Affairs, and the results are assessed by a Medical Officer of the Commonwealth (MOC). If any health conditions are identified, the applicant may need to provide additional medical information or undergo further testing.

Police Checks

Applicants must provide police clearances from their country of residence and any other countries they’ve lived in for extended periods. These checks are crucial for demonstrating good character and ensuring no substantial criminal record. The process can involve criminal history checks, fingerprinting, and additional documentation. Engage with our expert immigration lawyers to guide you through the steps and ensure all requirements are met accurately.

Frequently Asked Questions about the Subclass 186 Visa

Processing Times

The processing time for the Subclass 186 visa applications can vary depending on the complexity of the case and the volume of applications being processed. As a general guide, the average processing time is around 12-18 months.

Costs and Fees

The cost of the Subclass 186 visa application includes the visa application fee, which is currently AUD $4,770 for the primary applicant. Additionally, the sponsoring employer must pay the Skilling Australians Fund (SAF) levy, which can range from AUD $3,000 to AUD $5,000, depending on the employer’s annual turnover.

Employer Sponsorship Obligations

Employers sponsoring Subclass 186 visa applicants must meet several ongoing obligations to ensure compliance with Australian immigration and employment laws. These obligations include:

Ensuring the Nominated Position Remains Genuine and Available:
- Employers must ensure the nominated position for the Subclass 186 visa is genuine and available for at least two years from the visa grant date. For detailed guidance and assistance, contact AIM Lawyers to ensure a successful application process.
Paying the Nominated Employee at or Above the Market Salary Rate:
- Employers are required to pay the nominated employee a salary that is at or above the market rate for the occupation. This ensures that the employee receives fair compensation comparable to what an Australian worker in the same position would earn. This obligation helps to maintain fairness and equity in the labour market and prevents the underpayment of migrant workers.
Complying with All Relevant Australian Workplace Laws and Regulations:
- Employers must comply with all applicable Australian workplace laws and regulations, including those related to employment standards, health and safety, anti-discrimination, and other relevant legislation. This includes adhering to the Fair Work Act, ensuring safe working conditions, providing appropriate leave entitlements, and maintaining workplace diversity and inclusivity. Compliance with these laws is essential to protect the rights and well-being of employees and to maintain ethical employment practices.

Resources and Support for Subclass 186 Visa Applicants

Government Resources

AIM Lawyers bring years of experience and up-to-date knowledge from the Australian Department of Home Affairs to assist with your Subclass 186 visa application. Our expert team will guide you through the eligibility criteria, application process, and required supporting documentation, ensuring a smooth and successful application without the need to navigate it on your own.

Professional Consultation Services

Engaging the services of a registered migration agent or immigration lawyer can significantly improve the chances of a successful Subclass 186 visa application. These professionals can provide expert advice, assistance with the application process, and ongoing support throughout the visa journey.

At AIM Lawyers, our team of experienced migration agents and immigration lawyers specialise in employer-sponsored visas, including the Subclass 186 visa. We work closely with both employers and skilled workers to navigate the complexities of the application process and ensure a smooth and successful outcome.

If you are considering applying for the 186 visa, we encourage you to contact us for a consultation to discuss your specific circumstances and explore the best visa options for your needs.

Contact us today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.

Immigration Tools & Resources

Tools and Resources to Help Streamline Your Process

Skilled Points Visa

This test is a useful way to calculate your likely score in the Skilled Migration Points test.

Business Visa Calculator

Estimate your points with the Our Business Migration Points Calculator

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