186 Australian Permanent Residence Work Visa (Employer Nomination Scheme)

The 186 visa is a Permanent Visa allowing the visa holder and accompanying family members to remain permanently in Australia.

The Australian government comprehensively reformed this visa restricting the exemptions in regards to Skills, English language ability and Age applicable under the old scheme.

However, some exceptions are still available to the requirements outlined below.

There are 2 distinct pathways that enable applicants to obtain this visa.

The Temporary Residence Transition Stream enables existing 482 TSS visa holders who have worked for their sponsoring employer for 2 years to apply based on a further Nomination by their existing employer and then the 186-visa application.

The Direct Entry Stream enables applicants who demonstrate 3 years relevant work experience and obtain a relevant Skills Assessment to apply for this visa.

Requirements

There are two parts to a 186 Visa, the Nomination application and the Visa application.

The 186 Visa is a common way for existing 482 TSS Visa holders to transition to Permanent Residence but it is also possible to apply for Permanent Residence directly with this visa.

You must be less than 45 years of age at the time you apply for this visa (unless an exception applies).

The Nomination application reviews the operations of the business, training contribution and the details of the occupation, genuine position, and the market salary being offered to the visa applicant.

The Visa application assesses the applicant’s skills, English language ability, health and character. Medical examinations and Police Clearances are required.

You must have a standard of English that meets the requirements (IELTS – 6 across all four bands) unless an exception applies.

The visa applicant must hold any licencing, registration or membership for their occupation in the location in which it will be carried out.

Some exceptions to the above requirements may be available depending on your circumstances.

186 Nomination Application

The 186-nomination application determines the suitability of the employer and that of the nominated occupation.

A nomination is valid for 6 months after approval.

Employer Nominated applications require a substantially higher level of documentation than that of the 482 TSS visa.

Skilling Australia Fund (SAF levy)

Nominators are now required to make a contribution to the Skilling Australia Fund (SAF levy) as part of the Nomination application.

The SAF levy costs are as follows:

Small business (turnover less than $10 million)
• 482 TSS visa – $1,200 per year

Other businesses (turnover more than $10 million)
• 482 TSS visa – $1,800 per year

The sponsoring employer must offer a contract of employment of at least 2 years without the exclusion of the possibility of renewal.

Skills Assessment

For applicants applying under the Direct Entry Scheme, they will be required to have their skills assessed as suitable for their occupation. There are a number of Skills Assessing Authorities appointed by the Australian government for this purpose.

Importantly, Skills Assessing Authorities have different requirements and criteria that must be met depending on your occupation. There is a fee payable for a skills assessment.

There are limited exceptions to the Skill Requirement for the 186 Visa.

Our expertise

The sponsorship of overseas employee’s presents a number of Immigration issues. Human Resource Practitioners and Business Owners often find the maze of legal and policy requirements daunting or incomprehensible. Furthermore, the constant changes in Migration law and policy and the increased compliance requirements present unique challenges for Business. We offer up to date experience and knowledgeable expertise in this area of practice.

As with most areas of Migration Law there are a number of ways to meet the requirements and of course there are exceptions to the requirements. Every business and employee is different and should be treated as such.

We provide comprehensive advice on meeting the various legal criteria and work with your business and the Visa applicant to ensure the efficient processing of your matter with the Department of Immigration.

Further information on our Business and Nomination Service, Visa Application Service and Testimonials can be found below.

Testimonial

“We had been looking for a Visa agent to assist my wife and I in our application and once we had spoken to Mark we knew that Mark was the right person to assist.  He was always happy to answer any questions that we had and was very professional in his dealings with us. I would recommend Mark to anyone considering a Visa Agent.”

Matt Seeds – Managed I.T. Pty Ltd