The 186 visa requirements can determine a skilled worker’s pathway to permanent residence in Australia, especially when an Australian employer is ready to nominate them. The Employer Nomination Scheme subclass 186 offers three pathways, each made for different circumstances and each with its own eligibility rules. With the help of this blog, we will understand these differences so that the requirements are easier to assess and the application process becomes easier to navigate.
What Is the 186 Visa in Australia?
The 186 visa, or Employer Nomination Scheme, permits skilled workers who are nominated by an Australian employer to live and work in the country permanently.
What Are the 186 Visa Requirements for Direct Entry?
For applicants considering an employer sponsored PR Australia pathway, Direct Entry has several eligibility conditions that must be satisfied before applying.
1. Eligible occupation: Your nominated occupation must be listed on the Core Skills Occupation List (CSOL).
2. Relevant experience: Unless exempt, you generally need at least three years of relevant work experience in your occupation.
3. Skills assessment: Most applicants need a positive skills assessment confirming their skills for the nominated position. Certain academics, scientists, researchers, technical specialists, and eligible subclass 444 or 461 visa holders may be exempt.
4. Employer nomination: An actively and lawfully operating Australian employer must nominate you. You must apply within six months after the nomination is approved.
5. Age: You usually need to be under 45 when applying, unless a specified exemption applies.
6. English: You must have at least Competent English. Certain dependent applicants aged 18 or over need Functional English.
7. Other Requirements: You and eligible family members must meet health and character requirements, while applicants aged 18 or over must satisfy the Australian Values Statement requirement. Any Australian Government debt must be repaid or formally arranged, and previous visa cancellations or refusals may affect eligibility.
What Are the 186 TRT Visa Requirements?
For the 482 to 186 pathway, the TRT stream has specific requirements that cover sponsored employment, visa status, age, English, and employer nomination.
1. Required skills: You must have the skills and qualifications needed to perform the nominated occupation. The DHA may ask you to complete a skills assessment.
2. Eligible sponsored employment: You must have completed a total of two years of eligible sponsored employment during the three years before applying. The work must be full-time, undertaken in Australia, and performed while holding a subclass 457, 482, or eligible bridging visa.
3. Occupation: The TRT stream does not have a separate occupation list. Eligibility is generally linked to the occupation associated with your most recently held temporary skilled visa.
4. Current employer: Your nomination must come from the employer who last sponsored you for full-time work on your 457 or 482 visa.
5. Age requirement: You are generally required to be under 45, although specified exemptions and transitional arrangements apply.
6. English: You must demonstrate at least Competent English.
7. Licence or registration: Any mandatory professional registration, licensing, or membership must be held.
8. Other requirements: You must meet health and character requirements, sign the Australian Values Statement where applicable, repay Australian Government debt, and have no disqualifying visa cancellation or refusal history.
What Are the 186 Labour Agreement Requirements?
The Labour Agreement stream is available where an employer has an applicable labour agreement with the Australian Government. Requirements can vary depending on the agreement, nominated occupation and any approved concessions.
1. Labour agreement: You must currently work, or plan to work, for an employer under a labour agreement. The agreement guides the required English, experience, skills, and other attributes.
2. Employer nomination: Your employer must be actively and lawfully operating in Australia and be a party to a labour agreement.
3. Skills assessment: The Department may ask you to obtain a skills assessment. You should not obtain one unless requested.
4. Professional requirements: Where mandatory, you must hold the required licence, registration, or professional membership for your intended work location.
5. Age: You must generally be under 45 when applying, unless the labour agreement provides otherwise.
6. Visa status: Applicants in Australia must hold a substantive subclass 457 or 482 visa issued under a labour agreement.
7. Health and character: You and applicable family members must satisfy the Department’s health and character requirements.
8. Other conditions: Applicants aged 18 or above must meet the Australian Values Statement requirement. Any debt to the Australian Government must also be repaid or covered by a formal repayment arrangement. Previous visa cancellations or refusals may affect eligibility.
What Are the Employer Nomination Requirements for the 186 Visa?
For an employer-sponsored visa 186 application, the nominating employer must satisfy the following requirements.
1. Eligible employer: An actively and lawfully operating Australian business must meet the relevant sponsorship requirements.
2. Genuine position: The nominated role should be genuine and remain available for the required employment period.
3. Eligible occupation: Requirements for the nominated occupation depend on the 186 stream being used.
4. Salary: Remuneration needs to satisfy the applicable income threshold and Annual Market Salary Rate requirements.
5. Nominating authority: The employer must lodge the relevant nomination with the Department of Home Affairs before the visa application can proceed.
6. Employment requirements: Under TRT, the nomination must come from the employer who last sponsored the applicant for full-time work on a subclass 457 or 482 visa.
7. Employer compliance: Australian workplace laws and relevant employment requirements must be mandatorily followed by the business.
How Do You Apply for a 186 Visa in Australia?
To have a successful 186 subclass visa application, the process involves employer nomination, document preparation, online lodgement, and assessment by the DHA.
Step 1: Check Your Eligibility
In the first step, choose the appropriate stream and confirm that you meet its requirements for occupation, experience, English, age, and other criteria.
Step 2: Employer Lodges the Nomination
Your Australian employer must nominate you for the relevant position. They must satisfy the applicable nomination requirements mentioned above.
Step 3: Prepare Your Documents
Gather your passport, employment evidence, qualifications, English evidence, skills assessment where required, health documents, and police certificates.
Step 4: Lodge the Visa Application
Prepare and lodge your subclass 186 visa application through ImmiAccount, providing the required supporting documents and linking the application to the employer nomination where applicable.
Step 5: Complete Further Requirements
Complete health examinations and provide any additional information requested by the DHA during assessment.
Step 6: Await the Decision
Ultimately, the DHA will assess the nomination and visa application before making a final decision. Processing times tend to vary as per the stream and application circumstances.
Also Read: How Long Does It Really Take to Get an 186 Visa Approved?
What Are the Common Reasons for 186 Visa Refusal?
The table given below highlights some of the most frequently observed issues that might affect your 186 visa application.
| Issue | What can cause concern? |
|---|---|
| Nomination withdrawn | The employer withdraws the nomination or the position is no longer available. |
| Employer concerns | Adverse information about the nominating employer or associated person can affect the application. |
| Occupation issues | The nominated occupation does not meet the requirements of the relevant stream. |
| Work experience | Required relevant or eligible sponsored employment has not been completed. |
| Skills assessment | A required positive skills assessment has not been provided, or the applicant does not meet the skills requirement. |
| Age requirement | The applicant is over the applicable age limit. |
| English requirement | The applicant does not meet the required English standard for the relevant stream. |
| Licensing or registration | Mandatory licensing, registration, or professional membership has not been obtained. |
| Health or character | The applicant or applicable family members do not satisfy the DHA’s requirements. |
| Australian Government debt | Outstanding government debt has not been repaid or covered by a formal arrangement. |
| Immigration history | A previous visa cancellation or application refusal can have an impact on eligibility. |
| Incomplete or inconsistent evidence | Required information or supporting documents are inaccurate or inconsistent with the application. |
If you are pursuing an employee sponsored PR pathway, understanding the obligations better helps you to avoid these issues with ease.
How Can Ritam Global Help With 186 Visa Requirements?
The team at Ritam Global can help assess the requirements for the 186 visa, identify the suitable pathway and guide you through the entire application process. Our migration agent in Perth offers personalised guidance that can help address eligibility and documentation requirements before lodgement.
Conclusion
A 186 visa can become an excellent opportunity for skilled workers to achieve permanent residency via employer nomination. The stream that is ideal for you is dependent on your occupation, experience, visa history and individual circumstances. Hence, it is essential to check the details associated to the three streams before you apply. If you are still confused about what to do next, speak with a trusted visa consultant in Perth to discuss your situation before lodging an application.
