Direct Entry, Temporary Residence Transition & Labour Agreement Visas
The Employer Nomination Scheme (subclass 186) visa is for skilled workers that have been offered a nomination for a permanent position in an eligible occupation in Australia (via the DE stream).
The 186 visa is also a common pathway (via the Temporary Residence Transition (TRT) stream) for 457/TSS visa holders who have the ability to transition to permanent residency after two years with their nominated employer. This is a pathway for 482 visa to PR.
Only occupations that are listed on the Medium and Long-term Strategic Skills List (MLTSSL) are eligible for nomination via the Employer Nomination Scheme (subclass 186) via the Direct Entry pathway.
The Temporary Residence Transition (TRT) Stream – 482 Visa to PR
The Temporary Residence Transition (TRT) stream is for subclass 457/TSS visa holders who have worked with their employer under a 457/TSS Visa for a minimum of two years (depending on your circumstances) and has been offered permanent employment by their employer.
The Direct Entry (DE) Stream
The Direct Entry visa stream enables applicants in certain occupations to be sponsored directly for permanent residency. Applicants must have at least three years of work experience, have a positive skills assessment, possess competent English skills, and be nominated in an eligible occupation.
The Labour Agreement (LA) Stream
The Labour Agreement Stream is for skilled workers that are sponsored by an organisation that is a party to a negotiated Labour Agreement with the Australian government.
The Employer Nomination Scheme Visa Has Two Stages
First Stage – Employer Nomination
The Employer lodges a nomination for the applicant to work in their organisation. The nomination will include a specified occupation that is listed on the relevant legislative instrument, the terms and conditions of employment, and the business’s genuine need for the employee.
Second Stage – Visa Application
The Nominee then lodges an application for a visa to work permanently in the company they have been sponsored by. They must show they have the required skills, English ability and meet health and character requirements.
Transitional Arrangements For Subclass 457 Visa Holders
Transitional arrangements are in place for subclass 457 visa holders that held or had applied for a subclass 457 visa prior to 18 April 2017 which was subsequently granted. These transitional arrangements will allow these visa holders to apply for permanent residency via the Temporary Transition Stream (TRT) if they are under 50 years of age, have been sponsored in any occupation and have completed at least two years with their sponsoring employer.
Next Steps In The Subclass 186 – Employer Nominated Scheme
If you have any questions about the requirements for an Employer Nominated Scheme (subclass 186) visa or would like to speak to one of our immigration lawyers for more information on Australian visas, get in touch with Ethos Migration Lawyers by calling 1300 083 843 today.
Employer Nomination Scheme Frequently Asked Questions
A nomination approval means the position nominated by your employer has been approved by the Department and you can lodge the associated visa application.
Depending on the stream you are applying under you will need documents relating to your identity, skills, work experience and English ability.
The Employer Nomination Scheme (subclass 186) visa is a permanent visa in Australia. This allows the applicant to live and work in Australia permanently.
As a visa applicant, you have an obligation to inform the Department of Home Affairs of any incorrect information that you may have given. This obligation remains even if you are subsequently granted a visa.
If your passport details have changed since you lodged your subclass 186 visa application, you can notify the Department of Home Affairs online through your Immi Account or through a paper Form 929.
You may still be eligible to have your subclass 186 visa granted. Please contact our office for assistance.
If your contact details have changed since you lodged your visa application, you can notify the Department of Home Affairs online through your Immi Account or through a paper Form 929.