The subclass 186 visa is also known as the employer nomination scheme visa which are permanent visas. This visa is for talented employees that require their employer/sponsor to have a real need for a long-term job. One such possibility is the Subclass 186 Direct Entry visa. To be eligible for the Employer Nomination Scheme Visa Subclass 186, the employee must have recent experience in your desired occupation besides an offer of work and meet all of the other age, health, and English language criteria that most visas have. The contract serves no function other than to show the Department of Home Affairs that the employer plans to offer two years of employment and that the visa applicant plans to stay with the sponsor for two years. The most essential thing to remember is that the contract is between the both factions, and the sponsored employee has the ability to conclude the agreement at any time under normal Fair Work Australia guidelines. Furthermore, the employer has no legal authority to insist that employees work for them for the whole two-year contract duration. It’s only possible that it’s a request. Furthermore, because all employment contracts are governed by Fair Work Australia, the employer is under no obligation to keep the employee working for those two years. In essence, there is no need for the employees to stay with their job for two years on an 186 visa. Similarly, there is no need for the employer company to maintain you for two years.
There are several benefits of the 186 visa:
- The locality has no restrictions on the Employer nomination scheme applications.
- There are no annulment rights or an obligation to work for the same employer for two years after the visa is granted.
- Once the ENS 186 visa is issued, the 457 visa sponsorship responsibilities are no longer applicable.
- Permanent residency in Australia from the date receiving the 186 visa, including approach to Medicare and no need to pay foreign school expenses (like many 457 visa holders have to).
The following are the current processing times for the Department (Eligibility Pathways):
- Direct entry: 12-18 months or longer, depending on the intricacy of the applicant’s application (The employers do want to point out that the Department’s current processing time varies greatly. Larger firms’ applications are often examined with faster processing timeframes, possibly because the Department has less issues with such applications in terms of the company’s need for the nominated function and its ability to pay the requested compensation).
- Transition to temporary residency: 12-18 months, or maybe longer depending on the intricacy of your application.
- Working as a 457 (and 482 TSS if appropriate) visa holder for two years: Under these transitional circumstances, the principal applicant merely has to have worked full-time as a 457 and/or 482 TSS visa holder for at least two years in the previous three years. For the applicant’s 186 nomination and visa applications, they must work for two years with their sponsoring company in the nominated capacity that was accepted for their 457 and/or 482 TSS visa. If they were applying for a 457 or 482 TSS visa and were already a 457 or 482 TSS visa holder, they can also credit time on a bridging visa.
Eligibility, requirements and documentations for 186 visa:
- The employee may presume that the sponsor has submitted the 186 nomination application and that the Department has yet to make a decision, if the nominated position is no longer available for any reason then your sponsor’s nomination application no longer meets the eligibility conditions for nomination approval.
- An employee must be employed in one of the jobs listed on the 186 Visa Occupations List.
- In each unit of IELTS, the applicant should score 6 as per the English Language requirement.
- Applicants in the Direct Entry stream must be at least 45 years old at the time of application. Temporary Residence Transition stream candidates will continue to be limited to a maximum age of 50 at the time of application.
- To improve the integrity of the ENS and RSMS visas, a number of changes have been made, including requiring the nominated position to be legitimate and removing the English language and skills exemption for applicants with suggested incomes of more than $180,000.
- The employees have been recommended by an Australian employer, and the nomination has been sanctioned within the last six months.
- The employees have the necessary skills and credentials for the position they have been nominated for, including any requisite registration, license, or professional membership that you possess (or are eligible for).
Documentation for 186 visa:
- Passports and other forms of identification (e.g., national identity card, change of name documents)
- A passport-sized picture
- Evidence of a connection to the main applicant (e.g., marriage certificate or birth certificate)
- Curriculum Vitae (covering at least the last five years)
- Certificates of completion and transcripts (with escorting translations)
- Registrations and licenses
- Letters of recommendation from past employers
- Positive evaluation of abilities
- Payslips / Prepay statements
- Police approval from any nation where you stayed more than a year in the last ten years (since turning 16 years of age)
- Proof of English language competency
Additionally, the employees may leave their employment after getting the visa because of overpressure of work given by the employers, the employer is taking time to pay the salary and the employer terminates the contract. Although, many employees think that their permanent residency would be called off, if they do not continue their employment before finishing the 2 years of employment. However, the employee’s residency would not be canceled unless they have given wrong information to the department, any kind of degrading behavior will knock down the employees permanent residency.