186 Employer Nomination Scheme visa is available for positions located anywhere in Australia.

Permanent 186 visa can be applied for in the following streams:

• Direct Entry Stream  – for applicants who are seeking permanent residence through a nomination by an Australian employer and who usually are not currently being sponsored for 457 or 482 visa (although this option is not excluded)

• Temporary Residence Transition Stream – for persons who have already been sponsored for employment by an Australian employer on 457 or 482 temporary visas and who are now seeking permanent residence through a nomination by the same employer

• Labour Agreement Stream – for applicants who are nominated for permanent residence under a Labour Agreement (usually low or semi-skilled occupations)

An Australian emplyer:

• must be actively and lawfully operating a business in Australia
• must have a genuine need to employ the nominated person as a paid employee under the nominator's direct control unless exempted
• must have a satisfactory record of compliance with Australian laws
• must enter into a contract for full time employment (at least two years contract) with the nominated employee unless exempted
• has the capacity to employ the visa applicant for at least 2 years and to pay the person at least the annual market salary rate (AMSR) for the occupation each year unless exempted
• AMSR must be at least $73,150.00 pa
• there is no information known to Immigration that indicates that the employment conditions (other than in relation to earnings) that will apply to the visa applicant are less favourable than those that apply, or would apply, to an Australian citizen or an Australian permanent resident performing equivalent work at the same location
• must include a written certification stating whether or not the employer has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act
• there is no adverse information known to Immigration about the employer or a person associated with the employer

The nominated overseas worker:

• may be in or outside Australia
• the applicant has competent English unless exempted
• if they are in Australia, they must have an eligible visa
• must be qualified for any mandatory licensing, registration or membership requirements for the nominated occupation in the relevant state/territory or under the federal law
• must meet generic requirements eg. health requirements and be of a good character
• has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act

Skilling Australians Fund (SAF) - Employers nominating overseas workers have to contribute to the training of Australians through the SAF levy. The SAF levy provides a tangible demonstration of the way in which the ENS186 visa supports training opportunities for Australians. Employers have to contribute to SAF at the time they lodge their nomination application. The levy is payable in full at the time the worker is nominated, and depends on the size of the business.

• the nominated position is within the nominator’s own business and not in an on-hired business
• the applicant must be aged under 45 at time of application unless exempted
• the applicant must have worked full-time in the nominated occupation for at least 3 years unless exempted
• the nominated occupation must be on CSOL
• the applicant's qualifications must have been assessed by a relevant assessing authority to be suitable for the nominated occupation unless exempted

• the visa applicant must hold an eligible visa (usually 457/482 or a specified bridging visa)
• the occupation for which the visa applicant is nominated should be the same occupation which the nominee has been performing in Australia
• the nominated employee was working full time (unless exempted eg. a medical practitioner) on 457/482 visa for at least 2 years (in the period of 3 years immediately before the visa application is lodged)
• the applicant must be aged under 45 at time of application unless exempted
• the applicant may be asked to provide a skills assessment
• the visa applicant is genuinely performing the tasks of the occupation as specified in ANZSCO
• there is a genuine need for the visa applicant to be employed in the position, under the direct control of the nominator unless exempted

• the nomination must be in accordance with a labour agreement
• requirements of the labour agreement must be met in relation to the application
• the nominee has qualifications, experience and other attributes which are suitable to the nominated position
• the applicant has worked in the occupation to which the position relates or a related field for at least 3 years unless exempted
• the nominee must be under 45 unless exempted

OZ HOME MIGRATION charges vary depending on the complexity of each case.

Last updated on 08/12/2024 to reflect 07/12/2024 legislation changes - OZ HOME MIGRATION does not guarantee all information on this web page is correct and professional advice should be sought.