Purpose of the 186 Visa
The subclass 186 visa, also known as the Employer Nomination Scheme, is one that is meant to allow employers to bring skilled workers to Australia. Even though it’s not extremely difficult to obtain, it does involve a two-step process, so that makes it slightly more complicated.
Our immigration experts at The Migration Place can help you plan for the visa from both the employer and the employee sides of the process. Additionally, we can make sure that you will follow a strategy that makes it likely you will receive it as soon as possible in order to start the actual employment.
186 Visa Streams
There are three separate streams that can be followed when obtaining the Employer Nomination Scheme visa, and each one is designed for people in different situations.
The first is the Temporary Residence Transition stream, and it is basically for workers who have already worked for two years in this occupation. They must have been holding a subclass 457 visa, but this allows the employer to nominate them for a permanent position.
The second stream is the Direct Entry stream, and this one has a few different requirements. It’s for those whose employer has nominated them specifically under this stream, for people who have never worked in Australia, or for temporary residents who don’t qualify for the Temporary Residence Transition method.
The final stream is the Agreement stream, and it’s for people whose employer has sponsored them through a labour agreement.
How to Apply for the 186 Visa
Before being able to apply for the visa subclass 186, you have to be nominated by an employer. But, if you don’t yet have an employer who is interested in you, there is a method to help you find one. You can submit an Expression of Interest, and it’s possible that this will be viewed by employers and government offices who may be interested in sponsoring you to work for them. However, you must state some specific information, such as which stream you are interested in using. An immigration lawyer can help you write this letter in the way that is most likely to be successful, and they can make sure you don’t do anything that will hurt your chances of finding and interested employer.
186 Visa Requirements
Because this visa has more than one party, multiple streams, and two different steps, there are many different requirements. However, there are some pretty straightforward requirements to consider before determining if you’re most likely eligible to obtain a 186 visa.
First, the Australian employer must nominate the potential employee within six months before making the application. Also, there are some exceptions to this rule, but applicants generally must be under the age of 50 when applying. The applicant must have any qualifications and skills that the position requires, and they will need to be able to prove this (especially by showing documentation such as licenses or certifications). Additionally, the applicant must be able to speak an appropriate level of English unless the position is specifically exempt from this requirement. As with most Australian visas, the applicant is required to meet standard requirements, such as passing health and safety checks.
On top of all of these, each different stream has specific requirements unique to that pathway.
Bringing Family on a Subclass 186 Visa
The Employer Nomination Scheme has the added benefit of allowing the holder to bring family members with them. Usually, it’s possible to bring a spouse or partner, dependent children, and any other dependent relatives. As with other visas, they have to be able to meet certain requirements, especially those dealing with health and safety concerns.
186 Visa Denial
In the unfortunate event that your 186 visa is denied, it usually isn’t the end of the road. The Department of Immigration will let you know what review rights you have, and they will give you information about the strictly enforced time limits attached to them. Please note, however, that we highly recommend enlisting the help of a lawyer at this point, if you haven’t already. It’s often possible to make a different case for an appeal than the original application, and having experience with this can greatly improve your chances of success.