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You are hereHome Permanent Working Visa

Permanent Working Visa

Subclass 186 Employer Nomination Scheme Visa

 

This visa relates to Corporate sponsors seeking to permanently sponsor overseas entrants to work in Australia. In summary you can apply for this visa if:

  • You are nominated by an approved Australian employer who will nominate you for a position in their business that is located in Australia
  • You meet the age requirements
  • You meet the skills and qualifications requirement
  • You meet the employment requirement
  • You meet the English language requirement

 

This visa has Five pathways:

  1. Temporary Residence Transition Stream (This is for applicants who have been the holders of a subclass 457/482TSS visa for two years and their employer wishes to offer them a permanent position.
  2. New ENS 186 TRTS for Short-Term Skilled Occupation List available from 1 July 2022, a person who has been in Australia for at least 12 months between 1 February 2020 and 14 December 2021, and at the time of their application, are employed by a person actively and lawfully operating a business in Australia, will qualify to access the ENS 186 Temporary Residence Transition stream, or TRTS pathway as it is often called.

    Following that, an applicant would need to show 3 years out of 4 years of full-time, paid employment on a 482 visa (some COVID concessions may apply) immediately before ENS 186 TRT visa application is lodged. The employer that nominated the person for the 482 visa(s) needs to be the same as the employer that will nominate the applicant for the ENS 186 TRTS.

  3. New Transitional arrangements for Age – The age exemption will be accessible for two years from 1 July 2022 If you held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, you can still apply for this visa if you are under 50 when you apply.

    From 1 July 2022 Eligible legacy subclass 457 visa holders will be able to access an age exemption when applying through the TRT stream.  To be eligible the visa holder must:

    • have held a subclass 457 visa on or after 18 April 2017
    • have been in Australia between 1 February 2020 and 14 December 2021 for at least one year
    • meet all other nomination and visa requirement

    4. Direct Entry Stream (This is for people who have been offered a permanent position with an Australian company and who have either never previously or have just briefly worked in Australia)

    5. The Agreement Stream (This is for people who are sponsored under either a labour or regional migration agreement)

IMMICON can assist you if you

  • Are being sponsored for the first time;
  • Are currently the holder of a subclass 457/482TSS visa and are interested in permanent sponsorship;
  • If you do not have a company to sponsor you and want to lodge an expression of interest through SkillsSelect; this program enables Australian employers as well as State and Territory Governments view your details and decided if they want to nominate you under the Skilled Migration program;

The Subclass 186 Employer Nomination Scheme visa process comprises of 2 application stages.

Company Nomination

This is where the company is assessed to ensure that it will be able to meet its obligations. The company needs to demonstrate amongst other things that:

  • It is lawfully operating a business in or outside of Australia;
  • There is a genuine need for a paid employee to fill a skilled position;
  • The position is permanent position and ongoing with a contract term of at last 2 years;
  • Comply with Immigration and Workplace Laws;
  • Have no adverse information about your business;
  • Nominate a skilled occupation that is on the approved list;
  • Meet the training benchmark requirement under the Subclass 457 visa program for the Temporary Residence Transition stream;
  • In the case of a 186 visa you need to meet the training benchmark if applying under all streams;
  • In the case of a 187 visa you must obtain advice from a regional certifying body about the position you want to fill. This is an extra application process and depending on the State you are applying for there are various requirements that need to be met;
  • I the case of a 186 Direct Entry application, you need to under the age of 45;

The company will be required to demonstrate the following:

  • That the occupation is relevant to the position that is being filled and there is a genuine need for this position
  • The skills and experience that is required to perform the duties of the position
  • That the terms and conditions of employment are equivalent of the terms and conditions of employment for the Australian employees that are employed by the business;
  • That the salary being paid meets the market salary rates;
  • The location of the position;

Visa Application

This stage of the applications is where the Department assesses the following:

  • That you have the relevant skills to undertake the position that you have been nominated for. The requirement for this change depending on the pathway stream that you are applying under. Some streams may require that you undertake a skills assessment;
  • That you hold registration and licensing where applicable;
  • Unless exempted that you meet the English language requirements;
  • That you meet certain health & character requirements;

Business Visa Program

Australia’s Business Migration Program enables, under a number of subclasses, business people to seek varying levels of residency in Australia.  These visas range from short stays, to multiple years residency with the ability to apply for Australian Permanent Residency at their conclusion.

Overview / Requirements: 

The two basic requirements are that:

  • The individual must have a successful business career (either ownership, running a business at top management level or investment activity);
  • Can prove that they have a legitimate intention to participate in Australian business

The visa you apply for has a set of criteria that needs to be satisfied in order to meet the requirements of the visa.  It is essential that each component of the application is covered in order to make a complete application. 

If you are interested in more information about the wether you meet the eligibility criteria and would like to have a points test assessment undertaken, please book an appointment for an online consultation.

IMMICON has a dedicated team of exceptional writers who have a vast skill set of experience in various different areas and who can assist in the preparation of the main documents.

 

 

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