A Comprehensive Guide to the Employer Nomination Scheme (Subclass 186) Visa

The Employer Nomination Scheme (ENS) visa, known as Subclass 186, allows skilled workers nominated by an Australian employer to live and work in Australia permanently. This visa is ideal for individuals who have the skills Australia needs and have secured a job offer from an Australian employer.

Understanding the Subclass 186 Visa

The Subclass 186 visa is a permanent residency visa that requires both a nomination by an approved Australian employer and a successful visa application by the skilled worker. It is designed to address labour shortages in Australia by allowing employers to sponsor overseas workers for permanent positions.

There are three streams under this visa:

1. Direct Entry Stream

This stream is for individuals who are outside Australia or are temporary residents who do not qualify for the Temporary Residence Transition stream. Key points include:

• Eligibility Criteria:
  – Must be under 45 years of age at the time of application.
  – Must have at least three years of relevant work experience.
  – Must have a positive skills assessment for the nominated occupation.
  – Must be nominated by an Australian employer for a position listed on the relevant skilled occupation list.
  – Must meet English language proficiency requirements.
  – Must meet health and character requirements.

• Benefits:
  – Permanent residency in Australia.
  – Ability to work and study anywhere in Australia.
  – Eligibility to enroll in Australia’s public healthcare scheme.
  – Opportunity to sponsor eligible relatives for permanent residence.
  – Pathway to Australian citizenship, if eligible.

• Processing Time:
  – Typically ranges from 5 to 8 months, depending on individual circumstances.

2. Labour Agreement Stream

This stream is for skilled workers nominated by an employer who has entered into a labour agreement with the Australian government. Key points include:

• Eligibility Criteria:
  – Must be under 45 years of age, unless specified otherwise in the labour agreement.
  – Must be nominated for a position under a labour agreement.
  – Must meet the skills, qualifications, and English language requirements as specified in the labour agreement.
  – Must meet health and character requirements.

• Benefits:
  – Permanent residency in Australia.
  – Ability to work and study anywhere in Australia.
  – Eligibility to enroll in Australia’s public healthcare scheme.
  – Opportunity to sponsor eligible relatives for permanent residence.
  – Pathway to Australian citizenship, if eligible.

• Processing Time:
  – Typically ranges from 15 to 24 months, depending on individual circumstances.

3. Temporary Residence Transition Stream

This stream is for temporary residents who have worked for their employer on a subclass 457 or subclass 482 visa for at least three years and are now being offered a permanent position. Key points include:

• Eligibility Criteria:
  – Must be under 45 years of age at the time of application.
  – Must have worked full-time for the nominating employer for at least three years while holding a subclass 457 or subclass 482 visa.
  – Must be nominated by the employer for a permanent position.
  – Must meet English language proficiency requirements.
  – Must meet health and character requirements.

• Benefits:
  – Permanent residency in Australia.
  – Ability to work and study anywhere in Australia.
  – Eligibility to enroll in Australia’s public healthcare scheme.
  – Opportunity to sponsor eligible relatives for permanent residence.
  – Pathway to Australian citizenship, if eligible.

• Processing Time:
  – Typically ranges from 9 to 16 months, depending on individual circumstances.

General Requirements for All Streams

Regardless of the stream, applicants must:

• Be nominated by an approved Australian employer.
• Have the necessary skills, qualifications, and work experience for the nominated position.
• Meet English language proficiency requirements.
• Meet health and character requirements.

Costs Involved

The visa application charge for the main applicant is AUD 4,115. Additional charges apply for each family member included in the application. Other costs may include health assessments, police certificates, and biometrics.

Conclusion

The Subclass 186 visa provides a valuable opportunity for skilled workers to achieve permanent residency in Australia through employer sponsorship. By understanding the different streams and their requirements, applicants can choose the pathway that best suits their circumstances. It’s advisable to consult with the best Nepali Australian Lawyer or the Department of Home Affairs for personalized guidance.

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