Employer Nomination Scheme (Subclass 186)

What is the process?

In order to be eligible for this visa, the applicant must have an offer of employment from an Australian employer who is prepared to sponsor you and provided you meet the criteria under the stream you will be applying under.

The Sc 186 visa is a two-stage process

• Stage 1: a nomination application submitted by the employer – it provides the details of the position to be filled, terms and conditions of employment, explains the need in the position as well as identifies the overseas worker and any secondary applicants covered by the nomination
• Stage 2: a visa application submitted by the employee – it provides the details of how the overseas worker is skilled for the nominated occupation as well as personal details of the principal applicant and any secondary applicant/s included in the application.

Both applications can be submitted at the same time, i.e the employee doesn’t have to wait for the Nomination application to be approved before submitting a visa application as long as the visa application is submitted after the nomination application has been lodged.

What do I need to be eligible for a Sc 186 visa?

General criteria for employees

• Age Limit – you must be under the age of 45 unless exempt (if applying under the Temporary Residence Transition stream stream) or unless the labour agreement states otherwise (if applying under Labour Agreement stream).
• Eligible occupation – your nominated occupation must be included in the Medium- and Long-Term Strategic Skills List or be specified in the labour agreement between the Commonwealth and the nominator (if applying under Labour Agreement stream).
• Skills assessment – you must secure a positive skills assessment from the relevant authority in Australia as evidence that you possess the necessary qualifications and skills to be able to work in your occupation, unless exempt (if applying under Direct Entry stream).
• Relevant work experience – principal applicant must have at least 3 years of work experience in the nominated occupation or closely related occupation gained within last 5 years before application submission unless exempt (if applying under Direct Entry stream)
• English competency – principal applicant must have at least Competent English or demonstrate the level of English as specified in the labour agreement (if applying under Labour Agreement stream).
• Health and Character – principal applicants and their family members included in the visa application must meet health and character requirements.
• Occupational registration (if applicable) – for occupations requiring mandatory registration or licensing in Australia, applicants must include evidence from the relevant Australian registration or licensing authority (in the state/territory in which they are or will be employed) that they hold full/unlimited registration or license.

Online assessment

General criteria for employers

• Have a labour agreement with the Department of Home Affairs to employ overseas workers on Sc 186 visa (if applying under Labour Agreement stream).
• Have a nomination application approved. This is when the sponsoring employer nominates a position within their business that will be filled by an overseas worker.

For the nomination application to be approved, the following criteria must be met:

• • Eligible business – actively and lawfully operating business in Australia that is compliant with Australian immigration and workplace relations law.
  • No less favourable terms and conditions – offer the overseas worker the terms and conditions that are no less favourable than those offered to Australian citizens or permanent residents performing equivalent work in the same workplace at the same location.
  • Genuine Position – the position offered must be genuine, full-time and ongoing for at least two years from the date of visa grant.
  • Remuneration – have the capacity to pay the worker at least the annual market salary rate for two years from the date of visa grant. The salary offered must not be less than the Temporary Skilled Migration Income Threshold (TSMIT) which is currently AUD53,900 per annum plus superannuation.
  • Training Levy – the employer must pay Skilling Australians Fund (SAF) levy where the amount depends on the turnover of the business:
    • If the business is small, with turnover less than $10 million – AUD$3,000 once off
    • If the business is large, with turnover more than $10 million – AUD$5,000 once off
• Same Employer and Same occupation (if applying under TRT stream) – the applicant must have worked full-time for the same employer that nominated him for Sc 482 visa for 3 years and in the same occupation that they were nominated under when applying for Sc 482 visa.

Can I include my family in a Sc 186 application?

Principal applicants for Subclass 186 visa may include the following family members in their application

• Spouse or De Facto Partner (can be same or opposite sex)
• Your and/or your partner’s dependent children

Spouse/De Facto Partner

For both spouse and de facto applicants, you must prove that you are in a genuine and ongoing relationship.

For De Facto applicants, you must additionally provide evidence that:

• you are not related by family
• you and your partner are mutually committed to a shared life to the exclusion of all others
• you live together, or do not live separately on a permanent basis.

Dependent Children

Children can be included in your Sc 186 visa application, provided they fall under of the below categories:

Category 1

They are under 18 years of age
They are your or your partner’s child from a current or a previous relationship
They are not married, engaged or in a de facto relationship;

Category 2

They are over 18 years of age but not yet turned 23
They are dependent on you or your partner
They are your or your partner’s child from a current or a previous relationship
They are not married, engaged or in a de facto relationship;

Category 3

They are over 23 years of age and unable to earn a living to support themselves due to *physical or cognitive limitations
They are dependent on you or your partner
They are your or your partner’s child from a current or a previous relationship
They are not married, engaged or in a de facto relationship
*Such child/ren will still need to meet Australia’s health requirements for the visa to be granted.

Note: The child must meet the dependency criteria at the time of application submission as well as at the time of decision-making.

Minimum English level

Family members over the age of 18 who are included in Sc 186 visa application are required to provide evidence of at least Functional English, unless exempt. Applicants with less than functional English will need to pay an English Language Charge (2nd instalment) before receiving their visas.

Health and Character

All family members who are included in Sc 186 visa application must meet health and character requirements.
All applicants over 16 must provide police clearances from every country they lived in, Australia inclusive, for at least 12 months in the past 10 years.

How long does it take to get a Sc 186 visa for Australia?

The current processing times are 7-11 months under Direct Entry stream and Labour Agreement streams and 11-16 months under Temporary Residence Transition Stream.

What are the fees?

Sc 186 visa application fees are currently AUD$4,115 for the main applicant, AUD$2,060 for any secondary applicant aged 18 and above and AUD$1,030 for any secondary applicant under the age of 18.

Australian Shores’ consultancy fees are quoted through our online assessment.

Our Visa Service includes

• Your personal adviser will manage everything required for the entire process, taking all the stress off your shoulders.
• We will review your supporting documents and make sure they meet the requirements
• We will apply for a skills assessment on your behalf, if required under the Direct Entry stream.
• We will prepare and submit the visa application for you and your family
• We will monitor the progress of your application and will provide timely updates
• We will liaise with the Department of Home Affairs and will act as your representative until the decision is made