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

187 Reginal Sponsored Migration Scheme visa is available for positions located in regional Australia only:

For applications made before 16/11/2019 (IMMI 18/037) - see below:

For applications made on or after 16/11/2019 (LIN 19/217) - see below:

Permanent 186 or 187 visa can be applied for in the following streams:

• Direct Entry Stream (for 186 or 187 visa) – 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 186 or 187 visa) – 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 186 visa only) – 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 $53,900 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

From 12 August 2018: 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 ENS/RSMS 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.

More information about Skilling Australian Fund: https://www.education.gov.au/skilling-australians-fund

• 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

186 EMPLOYER NOMINATION SCHEME - SPECIFIC REQUIREMENTS

• the nominated occupation must be on MLTSSL
  
• the applicant's qualifications must have been assessed by a relevant assessing authority to be suitable for the nominated occupation unless exempted

187 REGIONAL SPONSORED MIGRATION SCHEME - SPECIFIC REQUIREMENTS

• closed for new applications after 16/11/2019
• the position and the business operated by the employer must be in regional Australia
• a relevant Regional Certifying Body has endorsed the nomination
• the position cannot be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned
• the nominated occupation must be on MLTSSL or ROL
• the skills and qualifications of the applicant:
• for some occupations (usually trade occupations) - if the nominee’s qualifications were obtained outside Australia, a relevant skills assessing authority must have assessed the nominee’s qualifications to be suitable for that occupation unless exempted otherwise
• they must demonstrate that they have qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation

• the visa applicant must hold an eligible visa (usually 457, 482 in the medium-term stream, 482 in the short-term stream if the holder is subject to transitional arrangements or a specified bridging visa)
• the occupation for which the visa applicant is nominated should be closely related to that 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 3 years (in the period of 4 years immediately before the nomination) unless the visa applicant is subject to transitional arrangements
• the applicant must be aged under 45 at time of application unless exempted or under 50 if subject to transitional arrangements
• the applicant may be asked to provide a skills assessment
• the nominated occupation must be:
• on MLTSSL for 186 visa or
• on MLTSSL or ROL for 187 visa or
• the visa applicant must be subject to transitional arrangements
• 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
• subclass 187 is closed for new applications after 16/11/2019 unless an applicant is a transitional 457 worker or transitional 482 worker

transitional 457 worker means a person who held a Subclass 457 (Temporary Work (Skilled)) visa at any time occurring on or after 18 April 2017.

transitional 482 worker means a person who on 20 March 2019:

                     (a)  held a Subclass 482 (Temporary Skill Shortage) visa in the Medium‑term stream; or

                     (b)  was an applicant for a Subclass 482 (Temporary Skill Shortage) visa in the Medium‑term stream that was subsequently granted.

Transitional arrangements:

• 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 12/11/2021 to reflect annual VAC increases - OZ HOME MIGRATION does not guarantee all information on this web page is correct and professional advice should be sought.

For details - follow this link