Employer Nomination Scheme (subclass 186) Visa

The Subclass 186 Visa has 3 streams:

• Direct Entry Stream: For applicants who are qualified or have sufficient experience in an eligible occupation.
• Transition Stream: 482 TSS Visa holders who have worked for their nominating employer for a minimum of three years.
• Labour Agreement Stream: For applicants who are sponsored by an employer under a labour agreement.

186 Visa General Eligibility

You might be eligible to apply for the 186 Permanent Visa if you have an Australian employer who is willing to sponsor you and meet the following requirements:

Sponsor : You must be nominated by a business in Australia before lodging your visa.

Experience : Applicants must have at least 3 years of work experience in the nominated occupation. Part-time work may be considered. Casual work will not be considered.

Age : The age limit is 45, unless exempt.

Skill Assessment : Positive skill assessment in nominated occupation.

Employer Nomination

Applicants must be nominated by an Australian employer before applying for this visa and must apply within 6 months of the nomination being approved if the applications aren’t lodged together.

The visa cannot be granted if:

• the nomination is withdrawn, or
• the position is no longer available

You can Include your family in your 186 Visa

186 visa allows holders to be able to include the below family members to their application:

• Dependent children/stepchildren
• Partner’s dependent child or children
• Partner

PARTNERS : Your married or de facto partner can be the same or opposite sex. Applicants must prove:

• the relationship is genuine and continuing
• you live together, or do not live separately on a permanent basis
• your partner is at least 18 years of age when the application is lodged (there are some exceptions)
• you are not related by family (if you are in a de facto relationship)
• you and your partner have a mutual commitment to a shared life to the exclusion of all others

CHILDREN : To be eligible to be included or added to a 186 visa, a child must:

• be your child or a stepchild from a current or a previous relationship (in certain circumstances)
• not be married, engaged to be married, or have a de facto partner; and must be:
  1. under 18 years of age or
  2. over 18 years of age but not yet turned 23, and be dependent on you or your partner or
  3. over 23 years of age and be unable to earn a living to support themselves due to physical or cognitive limitations and be dependent on you or your partner (Note: The child will still need to meet Australia’s health requirement) or
  4. a dependent child of a child who is eligible under 1, 2 or 3 above

ENGLISH : Applicants over 18 must demonstrate Functional English. However, you can choose to pay an additional application fee to the department for family members who have less than functional English.

AGE : Children 23 years and over cannot be included in your application. (Unless there are exceptional circumstances).

HEALTH & CHARACTER : All family members must meet the health and character requirements. All applicants over 16 must provide police clearance.

Direct Entry

You may be able to apply for Permanent Residency through the Direct Entry Stream if you meet the following requirements:

Experience : You must have at least 3 years of relevant work experience.

English : The primary applicant for the 186 Visa must have Competent English.
You will need to take an English test unless one of the following applies:

Skill Assessment : You must have a positive skill assessment in your nominated occupation.

Age : You must be under 45 years of age when you apply for this visa.

You may be older than 45 years if you are.

• You are nominated as an academic by an Australian University
• You are nominated as a scientist, researcher or technical specialist by a Scientific Government Agency
• You hold a New Zealand Subclass 444 or 461 Visa and have been working for your nominated employer for two years
• Regional medical practioner with 3 years’work experience and 2 years must be in regional area out of the 3 years as a holder of subclass 482 visa

Health & Character : Meet the health and character requirements (Unless you are exempt). This requires police and medical checks.

Transition Stream

If you hold subclass 482, you can apply for the 186 Visa Permanent Residency through the Transition Streamif you meet the following requirements:

Experience : You must have been working full-time for your employer on your subclass 457 or subclass 482 visa for at least 3 years. Unless you held (or had applied for) a subclass 457 visa on 18 April 2017, then you only need to have been working for your employer for at least 2 years.

English : The primary applicant for the Employer Nomination Scheme visa must have Competent English.

Age : You must be under 45 years of age when you apply for this visa.

You may be older than 45 years if you are:

• You held (or had applied for) a subclass 457 visa on 18 April 2017. In this case, you can apply up to 50 years of age
• You are nominated as an academic by an Australian University
• You are nominated as a scientist, researcher or technical specialist by a Scientific Government Agency
• You are a medical practitioner who has worked in your position for at least 3 years as a 457 or 482 visa holder, and 2 of those years were in a regional area
• You have been working for your employer for 3 years on a 457 or 482 visa and you were earning at least fair work High income threshold for each year of that period

Health & Character : Meet the health and character requirements (Unless you are exempt). This requires police and medical checks.

Nomination : You must be nominated by an Australian employer and apply for the 186 visa within 6 months of the nomination being approved.

Labour Agreements

This is one of the permanent residence visa options for skilled workers in Australia. You may be eligible for the Labour Agreement stream if you currently work or will work for an employer who is a party to a labour agreement.

• You are currently working or will work for your employer under a labour agreement
• In some states and territories, it is mandatory for you to be licensed, registered, or a member of a professional association
• Nominated by an employer whose business is operating in Australia and is a party to a labour agreement
• Be under the age of 45 when you apply or above 45 if the minister allows
• Must meet English language requirements
• Must have suitable qualification, skill assessment in the nominated occupation
• You must be issued a substantive 457 or TSS visa if you are in Australia
• You must meet Australia’s health and character requirements