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Employer Nomination Scheme (subclass 186) for Permanent Residency in Australia

Overview

Are you a skilled worker dreaming of making Australia your permanent home? The Employer Nomination Scheme (subclass 186) might just be the pathway you’ve been looking for. Let’s delve into the key aspects of this visa and what it offers.

Employer Nomination Scheme (subclass 186) for Permanent Residency in Australia

Highlights

  1. Purpose of the Visa: The Employer Nomination Scheme (subclass 186) offers skilled workers nominated by their employers a pathway to permanent residency in Australia, providing stability and opportunities for settlement.
  2. Permanent Residency: Upon obtaining the subclass 186 visa, individuals gain permanent residency status in Australia, allowing them to live and work in the country indefinitely.
  3. Cost and Processing Times: The visa costs AUD4,640.00 for the main applicant, with processing times varying based on individual circumstances and application completeness.
  4. Eligibility Criteria: Applicants must meet requirements such as holding a relevant temporary work visa, working for the employer for at least two years, and being nominated by an approved Australian employer.
  5. Benefits: Visa holders can live, work, and study in Australia indefinitely, sponsor eligible family members, and apply for Australian citizenship.
  6. Including Family Members: The subclass 186 visa allows for the inclusion of partners, dependent children, stepchildren, and certain other relatives in the application.
  7. Application Process: Applicants can apply from within or outside Australia, with certain conditions and requirements to be fulfilled.
  8. Processing Times and Obligations: Processing times vary, and applicants must adhere to Australian laws and fulfill obligations, including working for the nominating employer for at least two years.
  9. Travel Considerations: Visa holders can travel to and from Australia for up to five years, with the need to maintain permanent residency status through proper documentation.
  10. No Visa Label: Unlike traditional visas, the subclass 186 visa is digitally linked to the passport, eliminating the need for a physical visa label.

Overview of the Visa

The Employer Nomination Scheme (subclass 186) is designed to allow skilled workers, who have been nominated by their employer, to live and work in Australia permanently. This visa opens doors to a myriad of opportunities for individuals seeking long-term settlement in the country.

Stay

Upon obtaining the subclass 186 visa, individuals are granted permanent residency in Australia. This means they can reside in the country indefinitely, providing a sense of stability and security for their future.

Cost and Processing Times

While the cost of the visa stands at AUD4,640.00 for the main applicant, processing times may vary. It’s essential to refer to the visa processing time guide tool for an estimate, though actual processing times can differ based on individual circumstances.

Eligibility Criteria

To be eligible for the subclass 186 visa, applicants must meet certain requirements, including holding a subclass 457, Temporary Skill Shortage (TSS), or related Bridging visa A, B, or C. Additionally, individuals typically need to have worked for their employer for at least two years full-time while holding a subclass 457 or TSS visa. Moreover, being nominated by an Australian employer whose nomination was approved in the six months before applying is crucial.

Benefits of the Visa

Once granted, the subclass 186 visa opens up a world of possibilities. Visa holders can live, work, and study in Australia indefinitely. They can also sponsor eligible family members to join them and apply for Australian citizenship if they meet the requirements.

Including Family Members

One of the significant advantages of the subclass 186 visa is the ability to include family members in the application. This includes partners, dependent children or stepchildren, and even certain relatives holding specific visa types.

Cost Considerations

While the visa cost for the main applicant is fixed, additional charges apply for family members. It’s important to note that a second installment may be required for family members aged 18 years or older who do not meet the English language requirements.

Application Process

Applicants can apply for the subclass 186 visa from within or outside Australia. However, certain conditions apply, such as holding a substantive visa or a related bridging visa if applying from within Australia.

Processing Times and Obligations

Processing times can vary based on various factors, including the completeness of the application and the need for additional information. It’s crucial for applicants and their family members to adhere to all Australian laws and fulfill obligations, including working for the nominating employer for at least two years.

Travel Considerations

Upon visa grant, individuals can travel to and from Australia for up to five years. However, it’s essential to keep track of the travel condition’s expiry date and apply for a Resident Return visa if necessary to maintain permanent residency status.

No Visa Label

Unlike traditional visas, the subclass 186 visa is digitally linked to the applicant’s passport, eliminating the need for a physical visa label.

Embarking on the journey towards permanent residency in Australia through the Employer Nomination Scheme (subclass 186) signifies a significant milestone for skilled workers and their families. With its plethora of benefits and opportunities, this visa serves as a gateway to a brighter future down under.

Eligibility Requirements for the Employer Nomination Scheme (subclass 186) Visa

Before embarking on the journey towards permanent residency in Australia through the Employer Nomination Scheme (subclass 186) visa, it’s crucial to understand and fulfill the eligibility requirements. Here’s a comprehensive guide to ensure you meet the necessary criteria:

Required Skills and Qualifications

To qualify for the subclass 186 visa, applicants must possess the skills and qualifications necessary to perform the tasks of the nominated occupation. Depending on the occupation, you might be asked to undergo a skills assessment to demonstrate your proficiency.

Licensing, Registration, or Membership

In certain states or territories of Australia, it may be mandatory to hold a license, registration, or membership with a professional body relevant to your occupation. Ensuring compliance with these requirements is essential for a successful visa application.

Employer Nomination

Applicants must be nominated by an employer who sponsored their temporary work visa (subclass 457 or subclass 482) for at least two of the three years preceding the nomination for the subclass 186 visa. It’s important to note any changes in sponsorship, such as business ownership transitions, which may impact eligibility.

Age Requirement

Typically, applicants must be under 45 years of age at the time of application. However, certain exemptions apply, such as for academics, scientists, researchers, medical practitioners in designated regional areas, and legacy subclass 457 visa holders.

English Language Proficiency

Applicants are required to demonstrate at least Competent English proficiency. Exemptions to this requirement are limited, and all applicants must meet the specified language criteria.

Current Visa Status

Eligible applicants must currently hold one of the following visas: subclass 457 visa (any stream), subclass 482 (TSS) visa (any stream), or Bridging visa A, B, or C. The bridging visa must be the one granted after the subclass 457 or TSS visa expired.

Health and Character Requirements

Meeting Australia’s health and character requirements is imperative for both the primary applicant and any family members included in the visa application. Applicants may be asked to provide health and character information for themselves and their accompanying family members.

Australian Values Statement

Individuals aged 18 years or older must sign the Australian Values Statement, confirming their commitment to respecting the Australian way of life and obeying Australian laws. This entails familiarity with the Life in Australia booklet.

Debt Repayment

If you owe any money to the Australian Government, you must have either paid it back or established a formal arrangement for repayment to be considered eligible for the visa.

Immigration History

Your immigration history, including any visa cancellations or previous application refusals, will be taken into account during the visa assessment process. Depending on the circumstances, you may still be eligible for the subclass 186 visa, but it’s essential to disclose all relevant information.

By meticulously meeting these eligibility criteria, aspiring applicants can navigate the pathway to permanent residency in Australia through the Employer Nomination Scheme (subclass 186) visa successfully. Each requirement plays a vital role in ensuring a smooth and compliant visa application process.

Guide to Applying for the Employer Nomination Scheme (subclass 186) Visa

Applying for the Employer Nomination Scheme (subclass 186) visa involves several steps and meticulous attention to detail. Here’s a step-by-step guide to help you navigate the application process smoothly:

Step 1: Before You Apply

Before initiating the application process, ensure you have organized necessary English and health exams, as these may be prerequisites for the visa. Obtain English test results if required and arrange health examinations either before or after application submission. Remember, only specific individuals, such as registered migration agents or legal practitioners, can provide immigration assistance. Ensure your employer has submitted a nomination application and obtained a nomination Transaction Reference Number (TRN). It’s crucial to understand your rights and your employer’s responsibilities during this process to avoid any legal implications.

Step 2: Gather Your Documents

Compile all required documents accurately to streamline the application process. These documents may include:

  • Identity documents such as passport pages displaying personal details
  • Licensing, registration, or membership evidence if applicable
  • Skills assessment results if requested
  • Age exemption documents if you’re over 45 years old
  • Proof of Competent English proficiency
  • Health and character documents including police certificates
  • Partner and dependent documents if applicable, proving relationship and dependence
  • Consent forms for children traveling with you
  • Financial dependence proof for family members
  • Translation of non-English documents by accredited translators

Ensure all documents are scanned or photographed clearly in color and saved as a single file if multi-page.

Step 3: Apply for the Visa

Submit your visa application online through ImmiAccount, ensuring all information provided is accurate. Attach all required documents and pay the application charge to complete the process. Upon application submission, note the Transaction Reference Number (TRN) for future reference.

Step 4: After You Apply

After application submission, await confirmation of receipt from the immigration authority. Status updates may not be available within the standard processing time, so patience is key. If you need to travel outside Australia during the processing period, ensure you hold a valid visa for re-entry. Prepare for potential health examinations and biometrics requests and attach any additional information requested promptly through ImmiAccount. Stay lawful by holding a valid visa throughout the processing period, and notify authorities of any changes in circumstances.

Step 5: Visa Outcome

You can be inside or outside Australia when the visa decision is made. If granted, you’ll receive details of your visa grant, including the grant number, start date, and any associated conditions. Keep a copy of the decision for your records. In the event of a visa refusal, authorities will provide reasons for the decision and information on review options. Unfortunately, visa application charges are non-refundable in case of refusal.

By following these step-by-step instructions meticulously, you can navigate the application process for the Employer Nomination Scheme (subclass 186) visa with confidence and increase your chances of a successful outcome.

Exploring Life in Australia on the Employer Nomination Scheme (subclass 186) Visa

Once you’ve secured the Employer Nomination Scheme (subclass 186) visa and embarked on your journey to Australia, it’s essential to comprehend what this visa entails and your responsibilities while in the country.

Before You Leave for Australia:

  • Check Travel Documents: Ensure you have a valid visa and passport or travel document before departing for Australia.
  • Completing an Incoming Passenger Card: Upon arrival in Australia, all passengers must complete an Incoming Passenger Card provided during the flight.
  • Leaving the Airport Faster: Utilize SmartGate, an automated process utilizing facial recognition technology and ePassports, for faster airport departure.
  • Special Note for New Zealand Passport Holders: Inform immigration officers that you possess a permanent Australian visa to avoid being granted a Special Category visa (subclass 444), which could affect your eligibility for Australian citizenship.

In Australia:

  • Rights and Privileges: With the subclass 186 visa, you can stay in Australia indefinitely, work and study, access Medicare (public health care scheme), sponsor eligible relatives, travel to and from Australia for five years, and apply for Australian citizenship if eligible.
  • Obligations: Abide by all Australian laws, and notify authorities of any changes in your circumstances, such as contact details, relationship status, or the birth of a child.
  • Duration of Stay: You can stay permanently in Australia, and travel to and from the country for up to five years from the date of visa grant.
  • Resident Return Visa (RRV): After the initial five-year period, obtain an RRV to re-enter Australia as a permanent resident if your travel facility expires.
  • Proving Visa Status: Use VEVO (Visa Entitlement Verification Online) to demonstrate your visa status and conditions, and request international movement records if needed.
  • Work Rights: Enjoy the protections of Australian workplace laws while working in the country.
  • Bringing Family: As a permanent resident, you may be eligible to sponsor eligible relatives to join you in Australia. Explore visa options for family members.
  • Citizenship Eligibility: After a certain period, you might qualify for Australian citizenship. Your permanent residency for citizenship purposes commences on the day your visa is granted or the day you enter Australia on the visa, depending on your location at the time of visa grant.

Leaving Australia:

  • Check Travel Documents: Ensure your passport or travel document is valid before departing Australia.
  • Verify Visa Status: Check VEVO for visa conditions and expiry dates, and take necessary steps if your visa is expired or nearing expiration.
  • Departure from the Airport: Utilize SmartGate for quicker airport departure through automated facial recognition technology.
  • Proving Departure: Request international movement records using Form 1359 to prove your departure from Australia.

Understanding the nuances of life with the subclass 186 visa empowers you to make the most of your time in Australia while fulfilling your obligations and enjoying the privileges granted by this pathway to permanent residency.

FAQ

The Employer Nomination Scheme (subclass 186) allows skilled workers nominated by their employers to live and work in Australia permanently.

The visa allows indefinite living, working, and studying in Australia, sponsoring eligible family members, and applying for Australian citizenship if eligible.

The cost for the main applicant is AUD4,640.00, with additional charges for family members.

Requirements include holding a subclass 457, TSS, or related Bridging visa, having worked for the employer for at least 2 years full time, and being nominated by an Australian employer.

Yes, family members such as partners and dependent children can be included in the application.

Visa holders and their family members must obey all Australian laws, and the visa holder must work for the nominating employer for at least 2 years.

The visa allows indefinite stay in Australia.

They can travel to and from Australia for up to 5 years from the date the visa is granted, after which they might need a Resident Return visa.

Usually, applicants must be under 45 years of age when applying, with exemptions for certain occupations and circumstances.

Applicants must have at least Competent English, with no exemptions after November 16, 2019.

The visa is digitally linked to the passport, and no physical label is provided.

They can use VEVO (Visa Entitlement Verification Online) to prove visa status and conditions.

Yes, applications can be made from both inside and outside Australia.

They might need to organize English and health exams, gather necessary documents, and ensure the employer has submitted a nomination application.

They will be informed of the reasons for refusal and whether they have a right to review the decision, with no refund of the visa application charge if the application is refused.

They can travel for up to 5 years from the date the visa is granted.

Applicants must provide documents showing they have Competent English at the time of application.

Australian police certificates are valid for 12 months from the date of issue.

Yes, family members can be added before a decision is made on the visa application.

They must notify changes such as contact information, relationship status, and the birth of a child.

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