The Employer Nomination Schemeenables Australian Businesses to nominate for permanent residency skilled foreign workers in specific occupations. The Subclass 186 visa is a permanent residence visa and eligibility is subject to both nomination criteria as well as specific visa related criteria.

Nominations

The Employer Nomination Scheme requires nominators to demonstrate that there is a genuine need for nominees to work as a paid employee under the direct control of the nominator and identified positions must be in an occupation specified under legislative arrangements.

Salary level for nominated positions must be no less than the Annual Market Salary Rate (AMSR) and legislated amounts, including the Temporary Skilled Migration Income Threshold (TSMIT) for the identified position. Careful calculation of remuneration is critical and consideration should be made as to whether persons previously sponsored by the nominating business on temporary visas were paid in accordance with previously approved nominated salary levels.

The Temporary Residence Transition stream is for nominees who have worked full-time for specified time periods for their nominating employer in their nominated occupation whilst holding a Subclass 482 or 457 visa. Alternative time-frames may apply to specified persons under legislative arrangements.

The Direct Entry stream is for nominees who have obtained a positive skills assessment from the relevant skills assessment authority for their nominated occupation and seek to apply for permanent residence directly.

Nomination requirements include, but are not limited, to the following:

• Businesses must be actively and lawfully operating in Australia;
• Must demonstrate a genuine need for the visa applicant in the nominated position under the direct control of the nominating business;
• Businesses must have the capacity to employ the identified person in the position for 2 years, the position must be full-time and be available for at least 2 years from date of visa grant;
• The position must be an occupation specified on the relevant legislative instrument;
• The position must have a salary no less than the AMSR rate and the TSMIT for the identified position;
• Employment conditions for the nominee are no less favourable than those that apply, or would apply, to an Australian worker performing equivalent work at the same location;

Subclass 186 Visa requirements include, but are not limited, to the following:

• English language requirement;
• Age limit requiring applicant to be under 45 years of age (limited exemptions apply);
• Mandatory licensing, registration or professional membership where applicable;
• Relevant Public Interest Criteria.

Direct Entry Stream Subclass 186 applicants must also have:

• Have their skills assessed as suitable for their nominated occupation by the relevant skills assessing authority;
• Have at least 3 years of post-qualification experience in their nominated occupation.

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