Permanent Employer Sponsored Skilled Visa
Subclass 186 Employer Nomination Scheme - The permanent employer sponsored skilled visa
If you are a skilled worker and:
Your occupation is on the Core Skills List (“CSOL”); or
You hold either a subclass 457 or subclass 482 visa; and
You have an Australian employer who is willing to nominate you for permanent residence,
then you may be eligible to apply for this visa.
The subclass 186 Employer Nomination Scheme Visa is available nationwide. It has three “streams”.
- The Temporary Residence Transition Stream is for subclass 457 or subclass 482 visa holders who have worked for the required time period in their role and their sponsoring employer wants to offer them a permanent position.
- The Direct Entry Stream is for people who have never, or have only briefly, worked in the Australian labour market but have an employer willing to sponsor them for a permanent position.
- The Agreement Stream is for people sponsored by an employer through a labour or regional migration agreement.
The process has two stages:
Employer Nomination Application
The role is on the CSOL (Direct Entry Stream only).
The business genuinely needs to employ an overseas worker.
The nominated role is intended to be available in the business for two years from the date the visa is granted.
That the business will pay the employee at the market rate (there is a minimum salary of AUD$79,423.00 but the salary actually offered must reflect market rate for the occupation).
That the business can afford to pay the employee’s salary for the period of two years from the date the visa is granted.
The business will also be required to pay the Skilling Australians Fund Levy (”SAFL”) at the time the nomination is submitted. The SAFL has replaced the employer’s obligation to spend a certain amount on training Australian citizens or permanent residents.
If the business’ turnover is less than AUD$10 million, then the SAFL is currently AUD$3,000. If it is AUD$10 million or above, then the SAFL is AUD$5,000.
Visa Application
When the nomination application has been submitted, the employee can submit his/ her visa application. The visa application must be submitted within six months of the date that the nomination application is approved. A lot of supporting documentation is needed at this stage and it varies according to the stream you are applying in, but key points are that:
You must be under 45 when you apply for the visa (subject to certain, very specific exemptions).
You must have a positive skills assessment (Direct Entry Stream applications only).
You must meet the work experience requirements for the steam you are applying in.
You must have worked in your nominated occupation as the holder of a subclass 457 or TSS visa for at least two years (Temporary Residence Transition Stream only).
You must meet the English language requirements for the stream you are applying in (unless specific exemption criteria apply).
You must make a genuine effort to remain with the employer for at least two years from the date the visa is granted.
You must meet Australia’s health and character requirements.
The information here is just a brief overview of the process and many other points may need to be considered.
We have helped many applicants and their employers through this complex process, so please get in touch and we can help you decide whether or not this is the right visa option for you.
