Employer Nominated Visa (Subclass 186)

Overview

This is a permanent visa allowing skilled workers, who are nominated by their employer, to live and work in Australia.

Visa applicants must be nominated by their employer, and have an eligible skilled occupation.

There are multiple streams available, we will help you to identify the most suitable stream for you, depending on the details of the role and any relevant personal history.

This may be the right visa for you if:

What You Can Do & How Long You Can Stay

This is a permanent visa.
The visa holder can travel to and from Australia multiple times.
The visa holder can work in Australia whilst on this visa.
The visa holder can bring family members to Australia.
The visa holder may be eligible for a Bridging Visa to remain in Australia while waiting for this visa to be processed.

Limitations and Important Things to Know

Employees must be under 45. However, over 45’s can apply in certain circumstances.
In general, employees must have a valid Skills Assessment for an eligible occupation, and have 3 years of relevant work experience. However, exemptions exist in certain circumstances.
Employees may have to meet minimum English requirements. However, exemptions exist in certain circumstances.
For the Temporary Residence Transition stream, employees must hold a qualifying temporary work visa (subclasses 457, 482), or an associated bridging visa.
Employers must nominate the employee before the employee can make a visa application.
Employers must pay the employee at least the same salary that would be paid for an equivalent Australian worker. This is known as the Annual Market Salary Rate.
Labour Market Testing is not formally required, however employers must demonstrate that the position is genuinely required. The Department’s policy is that labour market testing in the form of advertising will be a factor for consideration.
Employers must pay a levy to the Skilling Australians Fund (also known as the nomination training contribution charge). The amount is dependent on the business’ turnover, starting from $3000 for every 5 years.

If you are worried about encountering issues or restrictions when applying for this visa, we may be able to help. Please contact us for more information.

As part of the specific visa requirements, you may have to:

Be under 45, unless exempt
Have an occupation that is on a specified skilled occupation list
Have a Skills Assessment obtained in the last 3 years, unless exempt
Have 2-3 years of relevant work experience, depending on the visa stream
Meet minimum English requirements, unless exempt
Be nominated by an eligible business

As part of the nomination requirements, employers may have to:

Be actively and lawfully operating in Australia
Be complying with all relevant immigration and workplace laws
Have no adverse information known about the business
Demonstrate there is a genuine need for the employee to fill the position
Demonstrate that the skilled position is full time and will be continuing for 2 years and beyond
Pay the employee at least the Annual Market Salary Rate
Pay the Skilling Australians Fund levy