Employer Nomination Scheme (subclass 186)

Work and skilled visas

Employer Nomination Scheme (subclass 186) Regional Sponsored Migration Scheme (subclass 187) Skilled Independent visa (subclass 189) Skilled Nominated visa (subclass 190) Permanent Residence (Skilled Regional) visa (subclass 191) Temporary Work (Short Stay Specialist) visa (subclass 400) Temporary Activity visa (subclass 408) Working Holiday visa (subclass 417) Work and Holiday visa (subclass 462) Temporary Skill Shortage visa (subclass 482) Temporary Graduate visa (subclass 485) Skilled Work Regional (Provisional) visa (subclass 491) Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
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The Employer Nomination Scheme (subclass 186) is a permanent residency visa that allows skilled workers to live and work in Australia, provided they are nominated by their employer. This visa has three different streams: Direct Entry, Labour Agreement, and Temporary Residence Transition.

1. Direct Entry Stream

This stream allows skilled workers to apply for permanent residency if they are nominated by an Australian employer and meet specific eligibility criteria.

Eligibility Requirements
  • Occupation: The applicant must have an occupation on the list of eligible skilled occupations.
  • Work Experience: At least 3 years of relevant work experience (unless exempt).
  • Skills Assessment: A positive skills assessment (unless exempt).
What You Can Do with this Visa
  • Permanent Residency: Stay in Australia indefinitely.
  • Work and Study: Work and study in Australia.
  • Healthcare: Enrol in Medicare (Australia’s public healthcare system).
  • Sponsorship: Sponsor eligible family members to come to Australia.
  • Travel: Travel in and out of Australia for up to 5 years.
  • Citizenship: Apply for Australian citizenship, if eligible.
Employer Obligations
  • The employer must offer a full-time, ongoing position for at least 2 years.
  • They must pay the Skilling Australians Fund (SAF) levy when submitting the employer nomination application.
  • The employment conditions must be at least the same as those offered to Australian citizens or permanent residents in the same position.
  • Employers must comply with Australian immigration and workplace laws.

2. Labour Agreement Stream

This stream is for skilled workers nominated by an employer who is a party to a labour agreement. It is applicable if the employer has a formal agreement with the Australian government to sponsor skilled workers for permanent residency.

Eligibility Requirements
  • Employer: You must currently work or will work for an employer who is a party to a labour agreement.
  • Skills and English: Meet the skills and English language requirements set by the labour agreement.
What You Can Do with this Visa
  • Permanent Residency: Stay in Australia indefinitely.
  • Work and Study: Work and study in Australia.
  • Healthcare: Access Medicare.
  • Sponsorship: Sponsor eligible relatives to come to Australia.
  • Travel: Travel in and out of Australia for 5 years.
  • Citizenship: Apply for Australian citizenship, if eligible.
Employer Obligations
  • The employer must comply with the terms of the labour agreement, including salary and working conditions.
  • They must pay the worker the annual market salary rate and comply with Australian workplace laws.

3. Temporary Residence Transition Stream

This stream is for skilled workers who have held a temporary work visa (subclass 457 or TSS) and have been nominated by their employer for permanent residency.

Eligibility Requirements
  • Visa History: You must hold a subclass 457, TSS, or related Bridging visa.
  • Work Experience: Typically, you must have worked for the employer for at least 2 years full-time while holding a subclass 457 or TSS visa.
  • Employer Nomination: Be nominated by an Australian employer who has an approved nomination in the past 6 months.
What You Can Do with this Visa
  • Permanent Residency: Stay in Australia permanently.
  • Work and Study: Work and study in Australia.
  • Healthcare: Access Medicare.
  • Sponsorship: Sponsor eligible family members to come to Australia.
  • Travel: Travel to and from Australia for 5 years.
  • Citizenship: Apply for Australian citizenship, if eligible.
Employer Obligations
  • The employer must offer the worker a position under the same conditions that apply to Australian workers in the same role.
  • They must pay the Skilling Australians Fund (SAF) levy.

Key Things to Note

  • The Employer Nomination Scheme (subclass 186) provides a pathway to permanent residency for skilled workers nominated by their employers.
  • The visa requires both the employee and employer to meet specific criteria, including work experience, skills assessment, and compliance with Australian labor laws.
  • The Direct Entry stream is for those who meet the required skills and experience but are not currently on a temporary work visa.
  • The Labour Agreement stream is for those working under a labour agreement with an employer.
  • The Temporary Residence Transition stream allows temporary work visa holders to transition to permanent residency after meeting work requirements with the same employer.