Employer Nomination Scheme Visa (Subclass 186) – Labour Agreement Stream
Overview
The Employer Nomination Scheme (ENS) visa subclass 186, Labour Agreement stream, offers skilled workers nominated by their employers the opportunity to reside and work in Australia permanently. This stream is designed for individuals employed by an organization that is a party to a labour agreement.
Highlights
- Purpose of the Visa: The Employer Nomination Scheme (ENS) visa subclass 186, Labour Agreement stream, provides skilled workers nominated by their employers with the opportunity to reside and work in Australia permanently under a labour agreement.
- Duration and Cost: This visa offers permanent residency in Australia with a starting cost of AUD 4,640.00 for the main applicant.
- Privileges: Visa holders enjoy indefinite residence, work, and study rights in Australia, eligibility to sponsor eligible relatives, and the option to apply for Australian citizenship, subject to eligibility criteria.
- Eligibility Criteria: Applicants must be currently employed or intended to work under a labour agreement, meeting specified age, skills, and English language requirements.
- Application Process: Applications can be submitted from within or outside Australia, with accompanying family members incurring additional charges.
- Rights and Obligations: Visa holders enjoy Australian legal protections, work rights, and access to public services, while also being obligated to comply with Australian laws and work for the nominating employer for at least two years.
- Travel Facilities: Initially, a five-year travel facility is granted, with a Resident Return visa (RRV) required for re-entry as a permanent resident after the travel facility expires.
- Visa Labeling: Visas are digitally linked to passports, eliminating the need for physical labels.
- Eligibility Criteria: Applicants must be currently employed or intended to work for an employer under a labour agreement, meeting specified English language skills, experience, and attributes.
- Visa Application Process: The process involves preparing required health exams, obtaining the nomination TRN, gathering necessary documents, applying online, awaiting application acknowledgment, and understanding visa outcome details.
Key Details:
- Duration: Permanent residency in Australia.
- Cost: Starting from AUD 4,640.00.
- Processing Times: Varied; consult the visa processing time guide for estimates.
- Privileges:
- Indefinite residence, work, and study rights in Australia.
- Eligibility to sponsor eligible relatives to migrate to Australia.
- Option to apply for Australian citizenship, subject to eligibility criteria.
- Eligibility Criteria:
- Currently employed or intended employment with an employer under a labour agreement.
- Meeting age, skills, and English language requirements specified in the labour agreement.
Application Process:
- Submission: Applications can be lodged from within or outside Australia.
- Cost Breakdown:
- Main applicant fee: AUD 4,640.00.
- Additional charge for each accompanying family member.
- Second instalment charge for family members over 18 lacking Functional English: AUD 4,890.00.
- Additional Costs: May include expenses for health checks, police certificates, and biometrics.
- Processing Times: Vary based on application completeness and verification requirements.
Rights and Obligations:
- Rights: Enjoyment of Australian legal protections, work rights, and access to public services.
- Obligations:
- Compliance with Australian laws.
- Commitment to working for the nominating employer for at least two years.
- Commencing employment within six months of visa grant or entry into Australia, depending on the application scenario.
Travel Facilities:
- Duration: Initially, a five-year travel facility is granted.
- Re-entry: After the travel facility expires, a Resident Return visa (RRV) is required for re-entry as a permanent resident.
- Travel Condition Checking: Utilize Visa Entitlement Verification Online (VEVO) to monitor travel condition validity.
Visa Labeling:
- Digital Linking: Visas are digitally linked to passports; physical labels are not issued.
The Employer Nomination Scheme Visa (Subclass 186) under the Labour Agreement stream provides a pathway for skilled workers to establish permanent residency in Australia, offering numerous benefits and opportunities for both individuals and their families.
Eligibility Requirements for Employer Nomination Scheme (Subclass 186) – Labour Agreement Stream
Working Under a Labour Agreement:
- Currently employed or slated to work for an employer under a labour agreement.
- Must possess suitable English language skills, experience, and attributes as specified in the labour agreement.
- A skills assessment may be requested by the authorities if deemed necessary.
Licensing, Registration, or Membership:
- Obligated to hold any necessary licenses, registrations, or memberships mandated by the state or territory of intended employment.
Nomination by an Australian Employer:
- Nomination must be by an Australian employer meeting the following criteria:
- Operates actively and lawfully within Australia.
- Is a party to a labour agreement.
- Ineligibility arises if adverse information about the nominator surfaces, the nomination is withdrawn, or the position is no longer available.
Age Requirement
- Unless specified otherwise in the labour agreement, applicants must be under 45 years of age at the time of application.
Holding a Visa
- Applicants within Australia must hold a substantive 457 or TSS visa issued under a labour agreement.
Meeting Health Requirement
- Both the primary applicant and any accompanying family members must meet the health requirement stipulated by the authorities.
Meeting Character Requirement
- All family members aged 16 years and above applying for the visa must meet the character requirement.
Signing the Australian Values Statement:
- Applicants aged 18 years or older must:
- Read or have explained the “Life in Australia” booklet.
- Sign an Australian Values Statement, affirming respect for the Australian way of life and compliance with Australian laws.
Debt to the Australian Government
- Any outstanding debts to the Australian Government must be repaid or have a formal repayment arrangement in place.
Immigration History
- Applicants’ immigration history, including visa cancellations or previous application refusals, is considered.
- Past visa cancellations or application refusals might affect eligibility unless exceptional circumstances apply.
Guide to Applying for the Employer Nomination Scheme (Subclass 186) – Labour Agreement Stream
Applying for the Employer Nomination Scheme (Subclass 186) visa requires careful attention to detail and adherence to specific steps. Below is a step-by-step breakdown of the process to help applicants navigate through the requirements seamlessly.
Step 1: Preparing Before You Apply
Organize Health Exams: Applicants may need to undergo health examinations, which can be completed either before or after applying.
Get Help with Your Application: Ensure that anyone assisting with the application, such as a migration agent or legal practitioner, is authorized to do so.
Get the Nomination Transaction Reference Number (TRN): Verify that the employer has submitted a nomination application and obtain the TRN, which is necessary for the visa application.
Step 2: Gathering Required Documents
Provide Accurate Information: Collect necessary documents such as identity, health, character, partner, and dependent documents, ensuring accuracy.
Main Applicant Documents: Submit identity documents, including passport details and proof of any name changes.
Health Documents: Health documents are not needed initially, as results are sent directly by the doctor to the immigration authorities.
Character Documents: Obtain an Australian police certificate and overseas police certificates if applicable, along with military service records or discharge papers.
Partner Documents: Include identity and character documents, along with evidence of the relationship, such as marriage certificates or documents proving a de facto relationship.
Dependent Documents: Provide identity and character documents for dependents, along with proof of relationship and financial dependence.
Proof of Functional English: If necessary, demonstrate that partners and family members have functional English proficiency.
Step 3: Applying for the Visa
Provide Accurate Information: Complete the visa application online via ImmiAccount, attaching all required documents.
Pay the Application Charge: Process the payment for the application charge, ensuring the application is not processed until payment is made.
Note the Transaction Reference Number (TRN): Record the TRN for future reference.
Step 4: After You Apply
Status Updates: Await confirmation of receipt of the application, and check for any requested information through ImmiAccount.
Health Exams: If not completed earlier, applicants may be notified if health examinations are required.
Biometrics: Provide biometric data if requested.
Attach Additional Information: Upload any additional documents requested or provide further information as needed.
Stay Lawful: Ensure continuous lawful stay in Australia, particularly if granted a bridging visa during processing.
Pay the Second Instalment: If required, settle the second instalment invoice after fulfilling all other requirements.
Add Family: Include family members in the application or add them later before the decision is made.
Step 5: Visa Outcome
Visa Decision: Await the decision on the visa application, which will be communicated in writing.
Visa Grant: If approved, receive details such as the visa grant number, start date, and conditions.
Visa Refusal: In case of refusal, understand the reasons and whether there is a right to review the decision.
By following these steps diligently and providing all required documentation accurately, applicants can navigate the process smoothly and increase their chances of a successful outcome.
Exploring Life in Australia on the Employer Nomination Scheme Visa (Subclass 186)
Having the Subclass 186 visa grants you several privileges and responsibilities while you are in Australia. Here’s what you need to know about what you can do and what is expected of you:
What You Can Do:
Stay Indefinitely: This visa allows you to reside in Australia indefinitely, providing you with a stable foundation for your future.
Work and Study: You have the freedom to work and study in Australia, contributing to the country’s economy and advancing your career or education.
Access Medicare: Enroll in Australia’s public health care scheme, Medicare, to access medical services and benefits.
Sponsor Relatives: You can sponsor eligible relatives to come to Australia, facilitating family reunification.
Travel: Enjoy the flexibility of traveling to and from Australia for up to 5 years from the date the visa is granted.
Apply for Citizenship: If eligible, you can apply for Australian citizenship after meeting certain residency requirements.
What You Must Do:
Obey Australian Laws: It is essential to abide by all Australian laws and regulations while you are in the country.
Work Obligations: You are expected to work for your nominating employer for a minimum of 2 years.
Commence Employment: Agree to start your employment within 6 months of either entering Australia (if the visa was granted outside Australia) or the visa grant date (if granted in Australia).
Travel Conditions:
Travel Facility: Your visa allows you to travel to and from Australia for up to 5 years from the grant date. After this period, you will need a Resident Return Visa (RRV) to re-enter Australia as a permanent resident.
Validity Check: Use VEVO to check the expiry date of your travel facility and ensure compliance with travel conditions.
Return to Australia: If you leave Australia after the travel facility expires without obtaining another permanent visa with a valid travel facility (such as an RRV), you may lose your permanent residency status.
Proving Your Visa Status:
Using VEVO: You can use the Visa Entitlement Verification Online (VEVO) system to prove your visa status and show your visa conditions to relevant parties.
International Movement Records: Request your international movement records to obtain proof of your travel in and out of Australia.
Leaving Australia:
Check Travel Documents: Before leaving Australia, ensure that you have a valid passport or travel document.
Check Visa Validity: Verify the validity of your visa and travel conditions in VEVO to avoid any issues at the border.
Facilitated Departure: Utilize SmartGate, an automated process using facial recognition technology and ePassport, to expedite your departure from the airport.
After Departure:
Proof of Travel: Request international movement records to obtain documented proof of your travel history in and out of Australia.
By understanding and adhering to these guidelines, you can make the most of your time in Australia under the Subclass 186 visa, while also fulfilling your obligations as a permanent resident of the country.