November 27th, 2023 at 05:17 am

A Comprehensive Guide About Australia’s Employer-Nominated Visa

Are you a talented professional looking to establish a long-term career in Australia? What if I told you that Australia requires you and your abilities? The Employer Nominated Visa (Subclass 186) can help you settle in Australia.

The subclass 186 visa not only provides employment but also serves as your passport to permanent residency. It allows the visa holder to live and work anywhere in Australia and includes dependent family members. Applicants must have an employer willing to nominate them, and the occupation must be on the Subclass 186 Occupations List to be eligible.

In this article, we will go deeper into the critical components and developments in employer-sponsored visas.

Different Streams o Subclass 186

As we all know, the subclass 186 visa is available to both onshore and offshore candidates and offers permanent and flexible employment options in a variety of vocations.

This visa is divided into three main streams:

1. Direct Entry Stream: Individuals who meet particular skill standards and have relevant experience in a nominated position are eligible for this stream. Eligibility includes any employment on the list of skilled vocations. Candidates for this stream must find an approved sponsor and meet criteria that vary depending on the stream chosen.
2. Labour Agreements Stream: The Labour Agreements Stream provides an alternative option for those whose sponsors are members of labor agreements. When local market shortages persist and other visa options are impracticable, labor agreements allow Australian employers to bring in foreign workers.
3. Temporary Residence Transition Stream: Individuals who currently or previously held a temporary work visa subclass 457 or 482 are eligible for the Temporary Residence Transition Stream. This stream acts as a bridge for people who wish to stay indefinitely.

Eligibility Criteria for Applicants: Employer-Nominated Visa

If you want to be eligible for subclass 186, you must meet the following requirements:

• Unless you are excluded, you must be proficient in the English language.
• You must be in good health and have a good reputation.
• The nominated occupation must be on the Subclass 186 Occupations List and be a legitimate position that corresponds to the nature of the firm.
• Two years of work experience in the specified occupation is necessary, as well as accreditation of qualifications and work experience in Australia.
• You must be under 45 years old (unless exempt).
• You must have the relevant skills and qualifications for the specified occupation.
• Applicants must have a job offer from an Australian employer who will nominate them for the Subclass 186 visa.

Employer Eligibility Criteria (186 Visa)

To nominate applicants for subclass 186, you must meet the following criteria:

• Financial Capacity: Employers must demonstrate financial capacity to pay the nominated position’s full-time compensation for at least the following two years.
• Market Salary and Conditions: Employers must be unable to recruit an Australian worker, pay a market salary rate for the position, and provide working conditions comparable to those offered to Australians.
• Legal Considerations: Employers may require legal counsel to determine if they can nominate a certain individual, as well as to comprehend the nomination process, associated fees, and obligations.

Checklist of Documents for Applicants

The following documents are necessary for the Employer Nominated Visa application:

• A valid passport and identification are required.
• Documents pertaining to character and name changes.
• Language proficiency in English must be demonstrated.
• If applicable, skill evaluation.
• Qualifications and work experience are required.
• Documents for licensing, membership, and professional registration, if appropriate.
• Forms 956a and 956 were completed.
• Additional documentation is required for spouses, dependent children under the age of 18, and dependent children after the age of 18.

Employer Document Checklist

Employers who nominate employees for the 186 visa must collect the following documents:

• Employment agreement.
• Evidence of levy charge payment.
• If applicable, provide proof of the annual wage rate.
• Documentation confirming the lawful operation of the business.
• Evidence of a genuine requirement for an international employer.
• Statements of financial position.
• Details about the position, the ANZSCO code, and an organizational structure are provided.
• Health workforce certification is required for positions in the healthcare industry.
• Evidence of prior work under visa 457 or 482, sponsorship change documentation, and proof of linked business are all required for the Temporary Residence Transition Stream.

Nomination Process

To obtain a nomination for an 186 visa:

• Candidates must have a qualified sponsor. The sponsor must meet certain eligibility requirements. These prerequisites may differ depending on the chosen stream.
• The application for nomination must be submitted through ImmiAccount. The application price is AUD540, although there may be exemptions.
• The payment of the skills fund fee by the sponsor is an important step in the nomination process. This fee, currently AUD3,000 for sponsors, is required for the Department of Foreign Affairs to approve the nomination.

Adjustments in 2024 (Temporary Residence Transition Stream)

The Australian government has announced certain adjustments to the employer-nominated visa program. These modifications are in line with broader initiatives to create a more equitable path to Permanent Residency (PR) for all TSS visa holders.

The changes are part of the government’s ongoing activities in response to the results of the 2023 Review of the Migration System and the Migration Strategy Outline. Changes to the Temporary Residence Transition Stream expected in 2024 aim to improve accessibility and flexibility. The following are important changes:

• Employers can now nominate holders of all Temporary Skill Shortage (TSS) visa streams. This includes the short-term and Labour Agreement streams as well.
• The requirement that nominated occupations be evaluated against a skilled migration occupation list has been eliminated. The Australian and New Zealand Standard Classification of Occupations (ANZSCO) will now be used by the Australian government.
• The Australian government has decreased the requisite period of time a TSS visa holder must keep their visa and work in their nominated post to two out of three years before nomination.

Other planned changes

Changes to the Temporary Residence Transition Stream are not the only ones on the horizon. These are some examples:

• They may amend exemptions for regional medical practitioner candidates and high-income earners 45 and older, allowing for a two-year track.
• The Australian government may repeal COVID-19-related age exemptions that have become obsolete as a result of the two-year pathway.

What Are the Advantages of SC 186 Changes?

These are the primary advantages of SC 186 for skilled individuals.

1. Simplifying Nominations: The addition of Short-term and Labour Agreement streams allows a wider range of applicants to transition to permanent residency. Individuals who entered Australia under different TSS visa classifications will be accommodated by this change
2. Simplifying Occupation evaluation: Using the Australian and New Zealand Standard Classification of Occupations (ANZSCO) eliminates an extra layer of evaluation. As a result, it is easier for applicants to understand and meet the criteria.
3. Reduced Time Requirement: Reducing the time a TSS visa holder must remain in the country for two out of three years before nomination increases flexibility. This change recognizes the different career paths of skilled migrants.
4. Age Exemptions and a Two-Year Pathway: The Subclass 186 visa amendments now make it easier for certain applicants, particularly those in critical jobs such as healthcare, who are 45 years or older. They are given a further two years to apply, understanding that it takes time to settle in Australia and make a significant difference in their profession. This increases their chances of becoming permanent residents and contributing to the Australian workforce.
5. Equitable Access to Permanent Residency: These reforms, taken together, contribute to a more equitable system. These modifications ensure that all TSS visa holders have realistic and transparent options for obtaining permanent residency. The Australian government strives to promote a fair and inclusive migration system by aligning nomination standards with changing labor market needs and acknowledging the different career trajectories of skilled migrants.

Conclusion

The Employer Nomination Scheme Visa (subclass 186) is an important gateway for foreign workers seeking permanent residency in Australia. The modifications that will take effect in 2024 demonstrate the Australian government’s commitment to refining and strengthening the immigration system. As a result, they will be able to better satisfy the demands of both migrants and the Australian workforce.

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