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Employer Nomination Scheme Visa (Subclass 186) – Direct Entry Stream

Overview

The Employer Nomination Scheme (ENS) visa, subclass 186, Direct Entry stream, stands as an integral pathway for skilled individuals nominated by an employer to secure permanent residency in Australia. Let’s delve deeper into the intricacies of this visa subclass and the steps involved in the application process.

Employer Nomination Scheme Visa (Subclass 186) - Direct Entry Stream

Highlights

  1. Purpose of the Visa: The Employer Nomination Scheme (ENS) visa subclass 186, Direct Entry stream, allows skilled individuals nominated by an employer to obtain permanent residency in Australia.
  2. Eligibility Criteria: Applicants must hold an occupation listed on the eligible skilled occupations list, possess a minimum of three years of relevant work experience, obtain a positive skills assessment, and meet other specified criteria.
  3. Benefits of the Visa: Successful applicants enjoy indefinite residence in Australia, unrestricted work and study rights, access to Medicare, eligibility to sponsor relatives, and the opportunity to apply for Australian citizenship.
  4. Application Process: Applicants must assess their eligibility before compiling and submitting comprehensive documentation to support their application. Seeking assistance from authorized professionals is advisable.
  5. Family Inclusion: Applicants can include eligible family members in their visa application either initially or after submission but before a decision is made.
  6. Cost Implications: The application fee for the ENS visa subclass 186 starts from AUD 4,640.00 for the main applicant, with additional charges for accompanying family members and a second installment fee for family members over 18 lacking Functional English proficiency.
  7. Processing Times and Considerations: Processing times vary, and applicants are advised to refer to the visa processing time guide tool for estimates. Complete and accurate applications generally result in faster processing.
  8. Obligations of Visa Holders: Visa holders and their family members must adhere to Australian laws and commit to working for the nominating employer for a minimum of two years.
  9. Travel Privileges: Visa holders can travel to and from Australia for up to five years from the date of visa grant. After this period, a Resident Return Visa (RRV) may be required for re-entry.
  10. Eligibility Requirements: Applicants must meet various eligibility criteria, including occupation eligibility, relevant work experience, licensing or registration requirements, positive skills assessment, nomination by an Australian employer, age requirement, health and character requirements, English language proficiency, debt repayment, and immigration history.

Understanding the Visa:

The ENS visa subclass 186, Direct Entry stream, offers applicants the opportunity to establish themselves permanently in Australia. This visa is designed for skilled workers outside Australia or temporary residents who have not worked long enough under the Temporary Residence Transition stream.

Eligibility Criteria:

To be eligible for the ENS visa subclass 186, applicants must meet several criteria. First, they must hold an occupation listed on the eligible skilled occupations list. Additionally, a minimum of three years of relevant work experience is typically required, although exemptions may apply. Furthermore, applicants must obtain a positive skills assessment, unless exempted under specific circumstances.

Benefits of the Visa:

The ENS visa subclass 186 presents a plethora of benefits to successful applicants. Notably, individuals granted this visa can reside in Australia indefinitely, enjoying the rights and privileges of permanent residency. Furthermore, they have the opportunity to work and study in Australia without restriction and can enroll in Australia’s public healthcare scheme, Medicare. Additionally, visa holders can sponsor eligible relatives to migrate to Australia and apply for Australian citizenship, provided they meet the eligibility criteria.

Application Process:

The application process for the ENS visa subclass 186 involves several steps, beginning with the assessment of eligibility. Applicants must ensure they meet all eligibility criteria before proceeding with the application process.

Documentation and Evidence:

Central to the application process is the compilation of relevant documentation and evidence. Applicants must submit comprehensive documentation, including proof of identity, work experience, skills assessment, and any additional supporting documents required to substantiate their application.

Assistance with Visa Application:

Navigating the visa application process can be complex, and applicants may seek assistance from authorized individuals or entities. It is imperative to engage reputable professionals or entities well-versed in immigration law and procedures to ensure a smooth and successful application process.

Family Inclusion:

Applicants have the option to include family members in their visa application. Eligible family members may include partners, dependent children, stepchildren, and other dependent relatives. Family members can be included either initially or after the submission of the application but before a decision is made.

Cost Implications:

The application fee for the ENS visa subclass 186 starts from AUD 4,640.00 for the main applicant. Additionally, there is a charge for each accompanying family member included in the application. Furthermore, a second installment fee applies to family members over the age of 18 who have less than Functional English proficiency.

Processing Times and Considerations:

Processing times for the ENS visa subclass 186 vary and are subject to change. Applicants are advised to refer to the visa processing time guide tool for estimates. It is essential to ensure that the application is completed accurately and all required documents are included to avoid delays. Complete applications are generally processed more promptly.

Obligations of Visa Holders:

Upon the grant of the ENS visa subclass 186, visa holders and their family members are required to adhere to Australian laws. Additionally, visa holders are expected to fulfill their commitment to work for the nominating employer for a minimum of two years.

Travel Privileges:

Visa holders are granted the privilege of traveling to and from Australia for up to five years from the date of visa grant. After this period, a Resident Return Visa (RRV) may be required for re-entry into Australia as a permanent resident.

Eligibility Requirements for the Employer Nomination Scheme Visa (Subclass 186) – Direct Entry Stream

The Employer Nomination Scheme (ENS) visa subclass 186, Direct Entry stream, offers a pathway for skilled workers nominated by an Australian employer to obtain permanent residency. However, to qualify for this visa, applicants must meet a range of eligibility criteria, ensuring they possess the necessary qualifications, skills, and character attributes.

1. Occupation Eligibility:

First and foremost, applicants must hold an occupation listed on the relevant list of eligible skilled occupations. This ensures that the applicant’s skillset aligns with the needs of the Australian labor market.

2. Relevant Work Experience:

In addition to having an eligible occupation, most applicants must possess a minimum of three years of relevant work experience in their nominated occupation. This requirement underscores the importance of practical experience in the field, demonstrating the applicant’s ability to perform the duties associated with the nominated position.

3. Licensing, Registration, or Membership:

Applicants must hold any mandatory licenses, registrations, or memberships required for their occupation in the state or territory they intend to work in. This ensures that applicants meet the necessary professional standards and regulatory requirements applicable to their chosen profession.

4. Positive Skills Assessment:

A positive skills assessment is a crucial component of the visa application process for most applicants. This assessment serves as confirmation that the applicant possesses the requisite skills and qualifications to perform the duties of the nominated position. However, certain exemptions apply, such as for academics, scientists, researchers, or individuals holding specific visa subclasses.

5. Nomination by an Australian Employer:

Applicants must be nominated by an Australian employer whose business is actively and lawfully operating. The nomination must be submitted within six months of approval, and certain conditions must be met to ensure the validity of the nomination. It is essential to maintain awareness of any adverse information concerning the nominator or associated parties, as this may impact the visa application process.

6. Age Requirement:

Generally, applicants must be under 45 years of age at the time of application. However, exemptions exist for certain categories of applicants, including academics, scientists, researchers, and individuals holding specific visa subclasses. These exemptions acknowledge the valuable contributions of skilled professionals across various age groups.

7. Health and Character Requirements:

Applicants and their accompanying family members must meet Australia’s health and character requirements. This involves undergoing health examinations and providing character references to demonstrate their suitability for permanent residency in Australia.

8. Australian Values Statement:

Applicants aged 18 years and older must sign an Australian Values Statement, affirming their commitment to respecting the Australian way of life and obeying Australian laws. This statement reflects Australia’s emphasis on promoting cultural integration and adherence to societal values.

9. English Language Proficiency:

Applicants must demonstrate at least competent English language proficiency to qualify for this visa stream. Adequate English language skills are essential for effective communication and integration into the Australian workforce and society.

10. Debt Repayment:

Applicants with outstanding debts to the Australian Government must either repay the debt or establish a formal arrangement for repayment. This requirement ensures that applicants fulfill their financial obligations before being granted permanent residency.

11. Immigration History:

Applicants’ immigration history, including any previous visa cancellations or refusals, will be considered during the visa application process. While past issues may affect eligibility, certain circumstances may still allow applicants to apply for a permanent visa, subject to limitations and additional requirements.

Meeting these eligibility requirements is paramount for prospective applicants seeking to secure permanent residency in Australia through the Employer Nomination Scheme visa (Subclass 186) – Direct Entry stream. By satisfying these criteria, applicants can enhance their chances of a successful visa application and embark on a new chapter in their professional and personal lives in Australia.

Guide to Applying for the Employer Nomination Scheme Visa (Subclass 186) – Direct Entry Stream

Navigating the application process for the Employer Nomination Scheme (ENS) visa subclass 186, Direct Entry stream, requires careful planning and attention to detail. Here’s a comprehensive step-by-step guide to help you through each stage:

Step 1: Before You Apply

Get Your Skills Assessed: Obtain a skills assessment if required. This assessment validates that you possess the necessary skills and qualifications for your nominated occupation.

Organize English Exams: Ensure your English test results are current and meet the visa requirements. If needed, take English exams to demonstrate proficiency.

Organize Health Exams: Schedule health examinations either before or after applying for the visa. These exams are essential to assess your health status.

Get Help with Your Application: Seek assistance from authorized individuals such as registered migration agents or legal practitioners. Ensure they meet the specified criteria for providing immigration assistance.

Obtain the Nomination Transaction Reference Number (TRN): Confirm that your employer has submitted a nomination application and obtain the TRN from them. This number is required for your visa application.

Understand Your Rights and Employer’s Obligations: Familiarize yourself with the legal implications of visa sponsorship and be aware of potential penalties associated with fraudulent activities.

Step 2: Gather Your Documents

Provide Accurate Information: Ensure all information provided is accurate and truthful to avoid delays or complications in the application process.

Identity Documents: Submit pages of your current passport displaying personal details, along with any national identity cards or proof of name change documents.

Licensing, Registration, or Membership: Include evidence of any mandatory licenses, registrations, or professional memberships required for your nominated occupation.

Skills and Qualifications Documents: Provide documents verifying your skills, qualifications, and work experience, along with a positive skills assessment if applicable.

Health and Character Documents: Complete health examinations and provide character documents, including police certificates and military service records if applicable.

Partner and Dependent Documents: Submit identity, character, and relationship documents for partners and dependents, along with proof of financial dependence if required.

Translate Non-English Documents: Translate all non-English documents into English by accredited translators, including details of the translator’s credentials.

Scan or Photograph Documents: Ensure all documents, both in English and non-English, are scanned or photographed clearly and saved as single files if multiple pages.

Step 3: Apply for the Visa

Apply Online in ImmiAccount: Log in or create an ImmiAccount to initiate the visa application process, attaching all required documents and paying the application fee.

Step 4: After You Apply

Await Confirmation: Await confirmation of receipt of your application and monitor status updates through ImmiAccount.
Complete Additional Requirements: Fulfill any additional requirements, such as health examinations or biometrics, as requested by the Department of Home Affairs.
Pay Second Instalment (if applicable): If required, pay the second instalment of the visa fee after meeting all other requirements.
Add Family Members: Add family members to your application if desired before the visa decision is made.

Step 5: Visa Outcome

Receive Decision: Receive written notification of the visa decision, including details of visa grant number, validity dates, and any associated conditions.
Understand Refusal Reasons: If the visa is refused, understand the reasons for refusal and the options for review, if applicable.

By following these step-by-step instructions diligently, you can navigate the process of applying for the Employer Nomination Scheme visa subclass 186 – Direct Entry stream successfully, paving the way for a potential pathway to permanent residency in Australia.

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

Once you’ve successfully obtained the Employer Nomination Scheme (ENS) visa subclass 186, Direct Entry stream, it’s essential to understand what you can and must do while residing in Australia. Here’s a detailed guide to help you make the most of your visa:

Before You Travel to Australia

Check Your Travel Documents: Ensure you have a valid visa and passport or other travel document before departing for Australia.
Completing an Incoming Passenger Card: Upon arrival, fill out the Incoming Passenger Card provided during your flight.
Using SmartGate for Faster Clearance: Utilize SmartGate, an automated process employing facial recognition technology and ePassport, for quicker airport clearance.
Special Note for New Zealand Passport Holders: Inform immigration officers about your permanent Australian visa to avoid being granted a Special Category visa (subclass 444), which could affect your eligibility for Australian citizenship.

In Australia: What You Can Do

Visa Privileges: Enjoy the benefits of your visa, including indefinite stay, work and study rights, access to Medicare, ability to sponsor eligible relatives, and five-year travel flexibility.
Obligations: Adhere to Australian laws and commence employment within six months of entering Australia or the visa grant date.
Traveling: Take advantage of the five-year travel facility granted with your visa. After expiration, apply for a Resident Return visa (RRV) to maintain permanent residency status.
Proving Visa Status: Use Visa Entitlement Verification Online (VEVO) to verify your visa status and conditions. Request international movement records using Form 1359 if needed.
Working Rights: Benefit from Australian workplace laws, ensuring your rights and entitlements are protected while working.
Sponsoring Family: Explore visa options to sponsor eligible relatives to join you in Australia as a permanent resident.
Pathway to Citizenship: After meeting residency requirements, consider applying for Australian citizenship. Permanent residency starts either upon visa grant (if in Australia) or upon entry to Australia (if outside Australia).

Leaving Australia

Before Departure: Ensure your travel documents, including a valid passport and visa, are in order before leaving Australia.
Checking Visa Validity: Verify visa conditions and expiry dates using VEVO, and take appropriate action if your visa is nearing expiration.
Using SmartGate for Faster Departure: Utilize SmartGate for quick airport clearance when leaving Australia.
After Departure: Request international movement records using Form 1359 to prove your visit to Australia if necessary.

By understanding and fulfilling your rights, obligations, and privileges associated with the Employer Nomination Scheme visa subclass 186, you can make your stay in Australia as seamless and rewarding as possible.

FAQ

The Employer Nomination Scheme visa (subclass 186) Direct Entry stream allows skilled workers nominated by an employer to live and work in Australia permanently.

This visa allows you to stay in Australia indefinitely.

The cost for the main applicant is AUD4,640.00.

Processing times vary, and an indication can be obtained using the visa processing time guide tool. It’s important to note that this is just a guide and not specific to your application.

The visa allows you to live, work, and study in Australia indefinitely, sponsor eligible family members, and apply for Australian citizenship if eligible.

Family members include your partner, dependent child or stepchild, and the dependent child or stepchild of your partner or yourself.

The second instalment for family members aged 18 years or older is AUD4,890.00 if they have less than Functional English.

Visa holders and their family members must obey all Australian laws. Additionally, visa holders are expected to work for their nominating employer for at least 2 years.

You can travel to and from Australia for up to 5 years from the date the visa is granted.

If you leave Australia after the expiry date of your travel facility without obtaining another visa, you may not be able to return to Australia as a permanent resident.

Applicants must have an occupation that is on the list of eligible skilled occupations.

Most applicants need to have at least 3 years of relevant work experience, unless exempt.

Applicants are exempt if they meet certain criteria, such as being nominated as an academic or holding specific visa types.

Applicants must be nominated by an Australian employer whose business is actively and lawfully operating.

Usually, applicants must be under 45 years of age when they apply, unless exempt.

Applicants and their family members must meet the health requirement, and health information may be requested.

Applicants aged 18 years or older must sign an Australian Values Statement confirming their commitment to respecting the Australian way of life and obeying Australian laws.

Applicants must have at least competent English to be granted this stream of the visa.

Applicants must have paid back any debt to the Australian Government or have a formal arrangement to pay it back.

The decision about the visa application is communicated in writing, specifying the visa grant number, start date, and conditions.

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