Visa Subclass 186 Requirements – A Complete Guide to Employer Nomination Scheme

The Employer Nomination Scheme (ENS) Subclass 186 Visa is a permanent residency visa pathway for skilled workers who are nominated by an Australian employer. It allows skilled employees to live and work in Australia indefinitely. Understanding the exact requirements for Subclass 186 is essential for a successful application. Below, we explore each aspect in rich detail to ensure complete clarity and confidence throughout the visa process.

What is Visa Subclass 186?

The Subclass 186 Visa is a permanent employer-sponsored visa that falls under the General Skilled Migration program. It is suitable for highly skilled workers both inside and outside of Australia and comprises three distinct streams:

• Direct Entry Stream

• Temporary Residence Transition Stream

• Labour Agreement Stream

Each stream has specific eligibility criteria, which we break down thoroughly below.

General Eligibility Criteria for Subclass 186 Visa

To apply for the Subclass 186 Visa, applicants must meet baseline eligibility requirements, regardless of the stream they apply under:

• Be nominated by an approved Australian employer.

• Occupation must be on the relevant skilled occupation list.

• Demonstrate competent English language proficiency.

• Meet age requirements (generally under 45 years).

• Satisfy skills assessment criteria.

• Fulfill health and character requirements.

Direct Entry Stream – Requirements in Detail

The Direct Entry Stream is ideal for individuals outside Australia or those who have not worked for their employer in Australia for 3 years on a 482 visa.

Key Requirements:

• Occupation must be on the Medium and Long-Term Strategic Skills List (MLTSSL).

• A positive skills assessment from the relevant assessing authority is mandatory.

• At least 3 years of relevant work experience in the nominated occupation.

• Must be under 45 years of age at the time of application.

• Demonstrate at least Competent English (e.g., IELTS 6.0 in each band or equivalent).

• Employer must be lawfully operating in Australia and must show genuine need for the position.

• Position must be full-time and available for at least two years.

Temporary Residence Transition Stream – Requirements in Detail

This stream is for applicants who have already worked in Australia on a Subclass 482 (Temporary Skill Shortage) Visa in the same occupation with their nominating employer for at least three years.

Key Requirements:

• Must hold a Subclass 457 or 482 visa and have worked for the same employer for at least 3 years.

• Employer must continue to sponsor the applicant in the same position.

• Must be under 45 years of age (exemptions may apply in limited situations).

• No need for a new skills assessment if already assessed during 482 visa process.

• Show Competent English language proficiency.

• The employer must lodge a nomination under the TRT stream.

Labour Agreement Stream – Requirements in Detail

This stream is applicable to individuals sponsored by an employer through a Labour Agreement. Labour Agreements are special arrangements negotiated between an employer and the Australian Government.

Key Requirements:

• Must be employed under the terms of a valid labour agreement.

• Meet skills, qualifications, and English language requirements as specified in the agreement.

• May include age concessions depending on the agreement.

• Requires employer nomination and full-time position.

• Health and character criteria must be met.

Employer Nomination Requirements

To nominate a foreign worker under the Subclass 186 visa, employers must satisfy the following:

• Be an approved sponsor by the Department of Home Affairs.

• Show evidence of genuine need for the nominated position.

• Offer a market salary rate that is not less than the Temporary Skilled Migration Income Threshold (TSMIT).

• Provide evidence that Australian citizens or permanent residents were not available for the role.

• Commit to employing the applicant for at least two years post-visa grant.

English Language Requirements

Applicants must demonstrate Competent English, which typically means:

• IELTS: Minimum 6.0 in each component

• PTE Academic: Minimum 50 in each component

• TOEFL iBT: Minimum of 12 in listening, 13 in reading, 21 in writing, and 18 in speaking

• Cambridge C1 Advanced: Minimum of 169 in each component

Exemptions may apply for passport holders from the UK, US, Canada, New Zealand, and Ireland.

Age Limit and Exemptions

Generally, applicants must be under 45 years of age at the time of application. However, certain exemptions apply, including:

• Academic applicants employed by Australian universities.

• Applicants with earnings above the Fair Work High Income Threshold.

• Medical practitioners or scientists in specific roles.

Skills Assessment

A positive skills assessment is a mandatory part of the application for most streams, especially the Direct Entry Stream. The assessment must:

• Be issued by the relevant assessing authority.

• Confirm the applicant’s qualifications and work experience align with Australian standards.

• Be valid at the time of application.

Health and Character Checks

All applicants must:

• Undergo a medical examination by an approved panel physician.

• Obtain a National Police Certificate (NPC) or overseas police clearance.

• Declare and provide evidence of good character.

Processing Time for Subclass 186 Visa

Processing times vary based on the stream:

• Direct Entry Stream: 6 to 11 months

• Temporary Residence Transition: 5 to 10 months

• Labour Agreement Stream: 5 to 12 months

Processing speed is influenced by application completeness, responsiveness to additional requests, and volume of lodged applications.

Fees and Charges

The base application fee for the Subclass 186 Visa is approximately:

• AUD $4,640 for the main applicant

• AUD $2,320 for a dependent over 18

• AUD $1,160 for a dependent under 18
  
  

Note: Additional costs apply for health checks, police certificates, and English language testing.

Pathway to Citizenship

Once granted, the Subclass 186 Visa confers permanent residency status, offering:

• Access to Medicare, Australia’s public healthcare system.

• Right to live, work, and study in Australia indefinitely.

• Pathway to Australian citizenship after fulfilling residency and character requirements.

Common Reasons for Visa Refusal

To avoid pitfalls, ensure the following:

• Accurate and complete documentation

• Valid skills assessment

• Genuine nomination from employer

• Proper evidence of English proficiency

• Meeting character and health standards

Conclusion

The Subclass 186 Employer Nomination Scheme Visa is a valuable pathway to permanent residency in Australia, offering long-term security and the opportunity to build a life in a thriving economy. By thoroughly understanding and meeting all eligibility requirements, applicants and sponsors alike can ensure a smooth and successful visa journey. Ready to make the move? Talk to a trusted immigration Agent in Perth today and start your journey toward Australian PR!