This visa lets skilled workers, who are nominated by their employer, live and work in Australia permanently. The Subclass 186 is a Permanent residency pathway option for any skilled migrant that has an Employer Sponsor and the necessary work experience. The Subclass 186 visa offers a permanent residency pathway for skilled migrants with an employer sponsor and the required work experience.
It currently has three streams:
Direct Entry Stream (DE)
The Direct Entry stream is for applicants who have not worked with their nominating employer on a 457 visa or TSS 482 visa for two years (three years for TSS visa holders) but are formally qualified in their occupation. They must have at least three years of skilled work experience in their occupation, which must be on the 186 Visa occupations list (Direct Entry).
Labour Agreement Stream
This visa allows skilled workers nominated by their employer to live and work in Australia permanently. The Labour Agreement stream is for those who currently work or will work for an employer with a labour agreement. The employer must have a valid labour agreement in place.
Temporary Residence Transition Stream (TRT)
This visa allows skilled workers nominated by their employer to live and work in Australia permanently.
You must hold a 457, TSS, or related bridging visa A, B, or C.
Typically, you must have worked full-time for your employer for at least two years.
You must be nominated by your employer.
The Temporary Residence Transition stream is for 457 or TSS 482 visa holders who have worked for their nominating employer for two years (three years for TSS visa Medium Term) in the same occupation and who are being offered a permanent position in that occupation.
The Subclass 186 visa process involves stages:
Employers must be an approved standard business sponsor.
- Employer Sponsorship: The employer, who must be a lawful, active, operating business, applies for sponsorship and must meet local labour and employment practices.
The Nomination application is submitted to the Department of Home Affairs (DOHA) by your employer for the skilled position offered to you, which must meet the specified requirements. Your employer needs to provide supporting documents to the DOHA, which will vary based on their business circumstances. Employers must also pay a one-off Skilling Australians Fund (SAF) levy for each Subclass 186 nomination, with the amount depending on their annual turnover.
Note: If the nomination is approved before the visa application is made, the visa application must be submitted within 6 months of the nomination approval.
You can lodge your visa application with the Department of Home Affairs (DOHA) either at the same time as your nomination application or within six months of the nomination approval. To qualify, you must meet all requirements, including standard health and character checks. Once both applications are approved, you will be granted a permanent Subclass 186 – Employer Nomination Scheme visa, which may be issued whether you are in Australia or abroad.
Skills Assessment Application:
Before applying for your visa, you must have your skills (qualifications and/or work experience) formally assessed to ensure they meet the standards for the nominated occupation.
Each occupation on the MLTSSL has a designated assessing authority that must conduct the skills assessment. Only assessments from the relevant authority will be accepted by the DOHA.
If you do not have an acceptable skills assessment, we can assist by:
– Identifying the appropriate assessing authority
– Providing a list of required documents and information
– Preparing and submitting your application
– Please note that our services incur a separate professional fee, and an assessment fee is payable to the assessing authority.
Contact our office for more information on skills assessment applications.
Note:
For the Labour Agreement stream, the sponsorship stage is replaced with a labor agreement negotiation.
Key Points for Subclass 186 Visa Holders
Subclass 186 visa holders can work for their sponsor in Australia, bring eligible dependents, who can also work and study, and travel in and out of Australia without restrictions while the visa is valid.
Strong worker protection measures ensure overseas skilled workers have the same workplace rights as Australian workers.
- The visa application charge varies depending on the stream.
- Applications must generally be made online, and applicants must hold a valid visa or bridging visa.
- Family members can apply together or separately, but subsequent applications must be separate unless for a child born after the initial application.
- Applicants must apply for the same stream and have a related nomination approved or pending.
- Some applicants must undergo mandatory skills assessments unless exempted.
- Overall, the TSS visa program aims to address skill shortages while ensuring fairness and protection for both overseas skilled workers and Australian workers.
- Approved Nomination: The nomination in the visa application must have been approved. It must also have been made by an approved standard business sponsor at the time of approval.
- Genuine Intention: The nominated occupation is genuine and that the visa applicant's intention to perform the occupation is also genuine.
- Skills, Qualifications, and Experience: The primary visa applicant has the necessary skills, qualifications, and employment background to perform the nominated occupation. This may require additional evidence or a skills assessment in some cases.
- Work Experience: Visa applicants must have worked in the nominated occupation or a related field for at least two years, preferably on a full-time basis in the last five years.
- Genuine Temporary Entrant: Primary visa applicants must be genuine temporary entrants, intending to fill short-term vacancies in Australia. This requirement can be met under specific circumstances, such as international trade obligations.
- International Trade Obligations and Repeat Stays: Some visa applicants may be eligible for longer stays based on international trade obligations.
- Overview: Applicants must meet the English language requirements specified by the Minister. The delegate may request applicants to demonstrate their English proficiency in a specific way.
- Evidence Required: Unless exempt, applicants must provide evidence of English proficiency at one of the prescribed levels in the legislative instrument. This can be achieved through tests like IELTS, OET, TOEFL iBT, PTE Academic, or CAE, with specific score requirements.
- Exemptions: Applicants may be exempt if they are citizens of certain English-speaking countries, have completed at least five years of full-time study in English, hold relevant professional registration, or have high annual earnings. Exempt applicants need not provide English testing results.
- Overall test score: At least 5.0
- Minimum score in each component: At least 4.5 (Listening, Reading, Writing, Speaking)
- Score required: At least "B" in each of the four components
- Total score: At least 35
- Listening and Reading: At least 3 in each component
- Writing and Speaking: At least 12 in each component
- Overall test score: At least 36
- Minimum score in each component: At least 30 (Listening, Reading, Writing, Speaking)
- Overall test score: At least 154
- Minimum score in each component: At least 147 (Listening, Reading, Writing, Speaking)
General Document Checklist for the Temporary Skill Shortage (TSS) visa (subclass 482)
- Passport (including all pages)
- Birth certificate
- Marriage certificate (if applicable)
- Evidence of change of name (if applicable)
- Certified copies of educational qualifications (diplomas, degrees, transcripts)
- Skills assessment results (if required for your occupation)
- Evidence of relevant work experience (employment contracts, reference letters)
- Health examination results (if requested by the Department of Home Affairs)
- Police clearance certificates from all countries where you’ve lived for more than 12 months in the last 10 years
- Employment contract or letter of offer from your sponsoring employer
- Position description or job duties
- Evidence that your employer is an approved sponsor
- English Language Proficiency:
- English test results (e.g., IELTS, TOEFL, PTE Academic)
- Exemptions (if applicable)
- Health insurance coverage
- Evidence of relationship (if including family members in the application)
- Any other relevant documents specific to your situation
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