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Subclass 186

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Subclass 186

Your Gateway to Permanent Residency

Employer Nomination Scheme Visa (Subclass 186)

At Emigrate Lawyers, we take pride in providing expert immigration services tailored to your needs. Our team of seasoned immigration lawyers is dedicated to simplifying the visa process for both employers and skilled professionals.

We specialise in the Subclass 186 Visa, also known as the Employer Nomination Scheme (ENS) Visa, a pathway that enables skilled workers to achieve permanent residency in Australia. Whether you’re an employer aiming to sponsor a valuable employee or a skilled worker seeking a stable future in Australia, we’re here to assist you every step of the way.

Client reviewing 494 Visa documents with a migration lawyer

Understanding the Subclass 186 Visa?

The Subclass 186 Visa allows Australian employers to nominate skilled workers for permanent residency. This visa addresses critical skill shortages by enabling businesses to hire internationally when qualified Australian workers are not available.
Key Benefits of the Subclass 186 Visa:
Permanent Residency: Enjoy the benefits of living and working in Australia permanently.
Family Inclusion: Include your immediate family members in your application, granting them the same rights as you.
Pathway to Citizenship: This visa is a significant step towards becoming an Australian citizen.

Streams of the Subclass 186 Visa

The Subclass 186 Visa comprises three distinct streams, each catering to different scenarios:

1. Direct Entry Stream:
For applicants who are nominated by an Australian employer.
Requires a skills assessment and at least three years of relevant work experience in the occupation.
Occupation must be on the MLTSSL.
Suitable for individuals who are either outside Australia or currently working in Australia on another visa.
2. Temporary Residence Transition Stream:
You must hold a Subclass 457, TSS or related bridging visa A, B or C.
Usually, you must have worked for your employer full-time for atleast two years.
You must be nominated by your employer.
No skills assessment is required.
Designed for those seeking to transition from temporary to permanent residency.
Occupation can be on either the STSOL or MLTSSL.
3. Labour Agreement Stream:
For applicants nominated by an employer through a labour agreement.
Suitable for unique cases where standard visa requirements are modified by a negotiated agreement.

Eligibility Requirements

To be eligible for the Subclass 186 Visa, applicants must meet specific criteria:

  • Be under 45 years old (some exceptions apply).
  • Not hold certain visas.
  • Have complied with previous visa conditions.
  • Be nominated by an approved sponsor.
  • Choose an occupation from the relevant list.
  • Have the relevant skills, employment background, and qualifications.
  • Meet English language, character, and health requirements.

For a detailed assessment of your eligibility, please contact our office for a complimentary consultation.

Skilled Occupation Lists (STSOL & MLTSSL)

Applicants must have skills in an occupation listed on one of the relevant Skilled Lists. The lists identify over 400 occupations experiencing a critical skills shortage in Australia. Employers must meet certain caveats to nominate an applicant for this visa.

Skills, Qualification & Experience Requirements

Applicants must provide:

  • Qualification certificates and testamurs.
  • Required registration/licensing.
  • Employment references.
  • Updated CV.
  • Payslips, bank statements, and superannuation documents.

Direct Entry stream applicants also need a skills assessment.

English Language Requirements

Applicants from New Zealand, Canada, Ireland, the UK, or the USA are exempt from English tests. Others must achieve the following scores in one attempt:

  • IELTS: Overall 6.0, with at least 6.0 in each component.
  • PTE Academic: Overall 50, with at least 50 in each component.
  • OET: At least ‘B’ in each component.
  • TOEFL iBT: 12 listening, 13 reading, 21 writing, 18 speaking.
  • Cambridge C1 Advanced: Overall 169, with at least 169 in each component.

After Visa Lodgement

Applicants in Australia will receive a Bridging Visa A (BVA) after applying, allowing them to stay until a decision is made. If travel is needed, they must apply for a Bridging Visa B (BVB).

  • Processing Time: 7 to 12 months, subject to change.

Visa Application Charge (VAC)

DHA Fee: AUD 4,640
Additional costs may include professional fees, health exams, criminal history certificates, health insurance, document translations, skills assessments, and bank surcharges.

After the Visa Decision

Successful applicants become permanent residents of Australia, allowing them to live, work (for the sponsoring employer for at least two years), and travel freely.

1. How do I proceed if my relationship ends while my application is in process?
Notify DHA immediately once you are sure the relationship has concluded. Your ex-partner will then be excluded from your application. If you are not the main applicant and the relationship ended due to family violence, seek additional advice to determine if the application can still move forward.
2. What should I do if I get a new passport during the visa process?
Update your new passport details with DHA promptly to ensure the Visa is issued with the correct information. Passport details can be updated online through your ImmiAccount before and after the Visa is granted. Alternatively, you can use Form 929 to update manually.
3. What if I make a mistake on my application?
If you discover an error while filling out the form before submission, you can easily correct it. If you notice the mistake after submitting the application, update DHA immediately to avoid serious consequences. Use the ‘Update Details’ option in your ImmiAccount to provide a ‘Notification of Incorrect Answer(s)’ and specify the updated information and the reason for the correction.
4. When should I lodge the Nomination and Visa application?
The Nomination section must be lodged first. Once it is submitted, you can proceed with lodging the Visa application. Both applications can be lodged in the same session, but you must submit the Nomination application first. If the Nomination is approved and you haven't yet lodged the Visa application, you have 6 months from the date of approval to do so.
5. What are the tax consequences of becoming a permanent resident in Australia?
Applying for permanent residency can affect your tax status and obligations both in Australia and overseas. It is important to consult with your tax advisor or accountant regarding these potential impacts.
6. What if my Visa expires while my application is being processed?
If you are on a substantive visa in Australia and lodge an application, you will generally receive a Bridging Visa A, allowing you to stay in Australia until a decision is made. The Bridging Visa activates only after your substantive Visa expires. If you do not receive the Bridging Visa grant email within 24 hours of lodgment, contact DHA. To travel while your application is being processed and the Bridging Visa A is active, you must apply for a Bridging Visa B through ImmiAccount, allowing at least 2 weeks for processing.
7. What should I do if I change my contact details?
Update your contact details with DHA as soon as possible to ensure your Visa is granted with the correct information. You can do this online through your ImmiAccount or manually using Form 929.
8. When can I apply for Medicare?
You may be eligible for Medicare from the date you lodge your permanent residence application. To confirm your eligibility, contact Medicare directly.
9. What should I do if I become pregnant after lodging my application?
If you or a family member becomes pregnant after lodging a permanent visa application, the application can continue. Inform Immigration to include the baby in the application and provide necessary documents such as passport details, birth certificate, a letter from the baby’s GP, and a copy of the baby’s ‘blue’ book. If health checks are incomplete, the chest x-ray may be deferred until after the baby’s birth, or the Visa may be granted with a ‘health undertaking’ to complete the x-ray later.
10. What are the requirements for obtaining Australian Citizenship?
To be eligible for Australian Citizenship, you need to have 4 years of residence in Australia (with a maximum of 12 months outside the country), including at least 12 months as a permanent visa holder (with no more than 3 months outside Australia) leading up to the application. Check the latest requirements with the Department of Home Affairs before applying.

Why Choose Emigrate Lawyers?

Our team of seasoned immigration lawyers possesses in-depth knowledge and extensive experience in handling migration applications. We stay updated with the latest legal developments to offer you the best possible advice and representation.

We recognise that every client’s situation is unique. At Emigrate Lawyers, we take the time to understand your specific circumstances and tailor our services to meet your individual needs. Our goal is to provide you with the most effective legal strategies to ensure a successful outcome.

We believe in transparent and predictable legal costs. Our fixed fee guarantee ensures that you know exactly what to expect, with no hidden charges. This allows you to focus on your case without worrying about financial uncertainties.

Your satisfaction is our top priority. We are committed to delivering exceptional service and achieving the best possible results for our clients. Our track record speaks for itself, with countless successful Protection Visa applications and satisfied clients.

Let us help you get your migration sorted.

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