Subclass 186 Visa: Employer sponsored Visa to live and work Permanently in Australia
The subclass 186 visa can be a suitable option for employers seeking to sponsor foreign workers, and foreign workers seeking to apply for permanent residence via an existing or potential Australian employer.
In contrast to the more common subclass 482 visa, and previously the subclass 457 visa, the subclass 186 visa is a permanent visa, and a potential pathway to Australian citizenship. As such, this visa has more onerous requirements and generally takes longer to process than a subclass 482 visa. However processing times can be significantly shorter where a completed application which has been professionally prepared by an immigration lawyer is lodged.
Typically many subclass 186 visa applicants are transitioning from their subclass 457 or subclass 482 visas, however it is possible to apply for a subclass 186 visa directly.
Employer Nomination Scheme – subclass 186 Visa Streams
The subclass 186 visa category has three streams:
- Temporary Residence Transition Stream – for subclass 482 and subclass 457 visa holders whose nominating employer wants to offer them a permanent position, and who have worked in the same occupation with their nominating employer for:
- Two (2) years while holding a subclass 457 visa, where the visa holder held or had applied for a subclass 457 visa on 18 April 2017 and continues to hold this visa or a subsequent subclass 457, subclass 482, or related bridging visa (under ‘grandfathering’ arrangements); or
- Three (3) years while holding a subclass 482 or
a subclass 457 visa applied for after 18 April 2017 and working in an
occupation that is on the on the Medium
and Long-term Strategic Skills List(MLTSSL) and/or the Regional Occupation List (ROL)
where relevant.
- Direct Entry Stream – for applicants who have a relevant skills assessment and can demonstrate adequate work experience.
- Labour Agreement Stream – for applicants sponsored by an employer through a Labour Agreement.
It is important to be aware that subclass 186 nomination and visa applications are regularly refused or delayed due to misunderstandings about the requirements of the visa or the sponsoring employer. As with most immigration matters, this visa category is subject to constant changes in the law and policy, and your prospect of success depends upon how well you and your sponsoring employer understand key issues, including:
- How to classify the relevant occupation within the list of eligible skilled occupations and the Australian and New Zealand Standard Classification of Occupations (ANZSCO).
- Understanding the difference between occupations on the Medium and Long-term Strategic Skills List(MLTSSL), the Short-term Skilled Occupation List (STSOL), and the Regional Occupation List (ROL).
- Training Benchmarks and past compliance with training obligations.
- Salary thresholds, and how to calculate the Australian Market Salary Rate (AMSR).
- Employer relationships and associated entities.
- Compliant Employment Contracts and Letters of Offer.
- English language requirements, including IELTS, PTE, and what exceptions apply.
- Requirements for start-up companies to sponsor an employee.
- Labour Agreements and Designated Area Migration Agreements (DAMA).
- Skilling Australians Fund (SAF) levy payments and refunds.
- Age requirements and exemptions.
- English language requirements, including IELTS, PTE, and what exceptions apply.
- Grandfathering provisions and arrangements, and transitioning to permanent residence from a subclass 457 or subclass 482 visa.
- Obtaining the required skills assessment from the relevant skills assessing body for the visa applicant’s nominated occupation, as well as exemptions.
- Demonstrating that the applicant meets the relevant qualifications and work experience requirements.
- Visa status of subclass 186 visa applicants after they have applied for their visa.
- Status of family members of the primary subclass 186 visa applicant, as well as including family members and demonstrating dependency.
- Health and character requirements.
Employer sponsored visas are a highly politicised visa category, subject to frequent changes. Applicants should be aware that there are several factors that, while potentially crucial to a successful application, are not widely known or published on the Department of Home Affairs’ website.
Whether you are an employer or candidate, our team of immigration lawyers invites you to work with us in order to meet your employment needs, while minimising risk and delay. Call us on +61 3 9329 8744 to schedule your consultation.
