Employer Nomination Scheme
Subclass 186
This visa is a permanent residence visa. You can be in or outside Australia when you apply. If you are in Australia, you must hold a substantive visa or a bridging visa A, B or C.
The visa has three streams:
Temporary Residence Transition stream
Is for subclass 457 or subclass 482 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation with their nominating employer (who has lodged a valid nomination under the Temporary Residence Transition stream), who would like to offer them a permanent position in that occupation.
Direct Entry stream
Is for people who have been nominated by their employer under the Direct Entry stream people who have never, or only briefly, worked in Australia, or temporary residents who do not qualify for the Temporary Residence Transition stream.
Agreement stream
Is for people sponsored by an employer through a labour agreement.
Important: From 1 July 2022, more subclass 457 (Temporary Work (Skilled)) visa holders will be eligible for permanent residence in Australia.
The Minister of Immigration announced recently that changes would occur to benefit temporary skilled workers looking for a pathway to permanent residency. These changes came into effect on the 1st July 2022 and will benefit skilled workers who remained here during the pandemic and encourage them to stay in Australia permanently.
The changes will allow legacy subclass 457 visa holders to apply for permanent residency via the subclass186 (Temporary Residency Transition stream) visa up until 1st July 2024.
A 457 legacy worker who is applying for a Subclass 186 visa is defined as a person who:
- held a Subclass 457 visa on or after 18 April 2017; and
- was in Australia for at least 12 months between 1 February 2020 and 14 December 2021.
Importantly, no age limit has been specified in the instrument, providing a prolonged pathway to permanent residence for employees in this cohort regardless of their age.
If you believe you fall into this cohort or simply require further information then please contact us. This pathway to PR will expire on the 1st July 2024.
What You Can Do
This is a permanent residence visa. It lets you and any family members who have also been granted this visa to:
- stay in Australia indefinitely
- work and study in Australia
- enrol in Medicare, Australia's scheme for health-related care and expenses
- apply for Australian citizenship (if you are eligible)
- sponsor eligible relatives for permanent residence
- travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia)
Employer Requirements
- you actively and lawfully operate a business in Australia
- you have a genuine need for a paid employee to fill a skilled position
- you offer a skilled position in the applicant's field that is full time and ongoing for at least two years
- you pay market salary rate
- you comply with Australian immigration and workplace relations laws
- there is no adverse information known about your business or any person associated with your business
Applicant Requirements
An applicant for this visa must:
- have been nominated by an approved Australian employer within the six months before you apply
- *are under the age of 50 at the time of application, unless you are exempt (see below)
- have the required skills and qualifications for the position (at time of application lodgement you must have the required skills and qualifications for the position you have been nominated for – you must hold any mandatory registration, license or professional membership, or you must already be fully assessed as suitable by the relevant body)
- have appropriate English language skills (at the time of application lodgement), unless you are exempt
- meet health and character requirements
- meet the requirements of the stream in which you apply
* Unless you are a ‘Legacy 457 Worker’ in which case no age limit applies (i.e. you may apply for the 186 visa at any age below or above 50 years up until the 1st July 2024. Please contact us for clarification.
Enquire about this visa
Client Stories
Ritchie begain his career at the age of 17 as a member of the successful music group 5ive.
Ritchie moved to Australia and found success as restaurateur in Crows Nest, at ‘Small Bar’, and attracting a loyal following of local and tourist drinkers with his exceptional mixology skills, becoming a sommelier.
Steps to apply for a work visa
1
Contact Visacorp to obtain a full assessment of your eligibility for an Australian visa.
2
Visacorp will advise in writing which visa is most suitable for you and confirm your eligibility for the chosen visa. A service agreement (i.e. quote & appointment letter) will be provided to you for your consideration and acceptance.
3
Once Visacorp is appointed we will guide you through the visa preparation process so that the application is presented to the Department of Home Affairs so that it stands the best chance of success
4
Submit visa application to the Department of Home Affairs along with all certified documents
5
Await decision from the Department of Home Affairs.