Employer Nomination Scheme Subclass 186 (Permanent)

Application Process for the Employer Nomination Visa (Subclass 186) Australia

Step 1 – Nomination application

• the employer nominates the applicant to fill a full-time position.​

Step 2 – Skills assessment (Direct Entry stream only)

• to have the applicant’s professional skills assessed by assessing authorities

Step 3 – Visa application

• the applicant lodges the Subclass 186 visa application.

Eligibility for the 186 Employer Nomination Scheme Visa

For employer:

For applicant:

COVID-19 Concessions

The concession period commenced on 1 February 2020 and is ongoing. If the sponsoring business has been impacted by COVID-19 and during the concession period, the employer had to temporarily change the employment arrangements of their subclass 457/482 visa holders in any of the following ways:

• reduced hours of work

• reduced salary

• reduced to part-time hours

• unable to offer full-time hours

• temporary stand down​

Then the employer as regarded as having employed the subclass 457/482 holders for a specified period as outlined above. However, the business will need to provide evidence that the applicant has been temporarily stood down, been on unpaid leave or had their hours reduced due to COVID-19 but their employment was not terminated.

Location

Applicants may be in or outside Australia at the time of application and visa grant.

Tricks and Common Reasons for Refusal

1 – The Genuineness of the Offered Position

Clearly, one of the most common reasons for a refusal for Subclass 186 visa is the offered position is deemed as not genuine by the Immigration which believed it was created mainly or solely for the purpose of assisting the visa applicant in gaining a visa. The Immigration made this decision by taking into consideration a whole range of factors including but not limited to:

• The size of the sponsoring business

• the structure of the business

• the applicant’s overall immigration history

• the applicant’s overall circumstances

The Immigration’s decision is a judgment call based on the supporting documentation and information submitted and the highly discretionary nature of the decision has caused a staggering number of refusals and will keep doing the same.

Consequently, part of our process for assisting you with Subclass 186 visa is help you and your employer prepare a vitally important, formal, exclusive and comprehensive legal submission by drawing on our nearly 20 years’ industry experience, convincingly addressing and arguing every single factor to your advantage because we are fully aware of what factors the Immigration is looking at exactly and the rationale and mentality behind every one of them. We are positive this will significantly increase your chances of a visa grant, just as it has for our previous clients.

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2 – Failing to Demonstrate Professional Skills Properly Against Skills Assessment Criteria

Apparently, skills assessment is the first step and challenge of the entire Subclass 186 visa process as it can be complex and even confusing, requiring an exquisite and to-the-point demonstration of your skills not only in the form of supporting paperwork, but sometime also practical/technical assessment. Therefore rushing into skills assessment without knowing exactly what a skills assessing body is looking for is highly risky and quite often leads to an unfavourable outcome. This is why hiring an immigration professional to assist you right at the beginning is important. ​

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3 – ”Irrelevant” Work Experience​

One of the most unfortunate yet common scenarios is the applicant’s work experience is deemed irrelevant to their chosen occupation by skills assessing authority. This is typically because the authorities decided the applicant was not actually performing the job duties they claimed and that even the applicant had chosen a wrong occupation to start with. When this happens, things go straight to square one, which is certainly frustrating. We have had numerous clients that went through exactly this before turning to us for professional assistance.

We hence noticed it is not they didn’t do those jobs, but they simply failed to present their day-to-day professional activities in the submitted paperwork in a proper and acceptable manner to the assessing body. In view of this, we have made it part of our routine to thoroughly check through and revise every client’s work references, résumé and other employment-related paperwork where possible to ensure they are in line with what the authorities expect from your occupation so that you end up with a big smile.

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4 – Unfamiliarity with How the Australian Immigration Works and Its Mentality

In many cases, applicants prepare and submit their supporting documentation in a disorderly way, giving the Immigration a hard time digging through tons of paperwork to get things in the right order when picking up a new visa application. This will potentially lead to endless back-and-forth clarification and explanation, wasting both sides lots of time and can even result in a refusal of Subclass 186 visa.

This is common since applying for a visa, especially a permanent one, is the very first time to most applicants. For this reason, our team have developed our own system for labelling, coding, structuring and, where necessary, cross-referencing documentation so your application can be submitted in the most presentable and logical manner. Making your application stand out among all competitors has been our goal from day one.

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5 – Careless Yet Costly Mistakes

Applying for migration is seen as a delicate work of art due to the staggering amount of attention, paperwork, and details involved. A seemingly minor/harmless error such as a typo in your résumé, a date entered wrong, or a tick in the wrong box in the lengthy visa application form can prove costly as the Immigration processes all visa applications strictly in accordance with migration law, in particular Migration Act 1958 and Migration Regulations 1994. Even a small error can be regarded as failing to satisfy a visa requirement and therefore lead to a visa refusal. To minimise such incidents, our team pay extra attention while editing and drafting every client’s paperwork and always proofread and also conduct a final review of documentation before submission.

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6 – Applications Not Decision-ready

Another common reason for refusal, even instant refusal, for Subclass 186 visa is submitting an application without all the required documentation. This happens when the application was prepared carelessly, or when the applicant was trying to rush an application for whatever reason (e.g. meeting a cut-off date of a major migration policy change which happens almost each and every year and often catches people off guard).

Even with 43 years of team experience, we handle each application cautiously and meticulously like our first to ensure nothing slips through the cracks. Should a sudden change of policy hit and impact you, we are more than capable of advising you how to salvage your application in terms of what documents are mandatory at the time of submission and what can wait so you are never in danger of a straight-up visa refusal upon submission.

Benefits

With this visa, you may:​

• migrate to Australia together with your family

• stay and live in Australia permanently

• potentially bring your extended family members to Australia permanently on parent visa or visa intended for other relatives

• access various government benefits, including but not limited to:

  • pension

  • unemployment and job-seeking benefits

  • concession cards for commuting

  • benefits associated with new-born baby

  • interest-free school loan

• travel overseas and back to Australia without limitations for any purposes (e.g. overseas holiday, visiting family and/or attending family matters in home country)

• access Australia’s public health care scheme (Medicare) which essentially provides free medical consultations, operations and hospitalization for a wide range of medical conditions

• work in Australia without any limitations

• study in Australia without any limitations

• attend free English language course provided by Australian government

• apply for Australian citizenship when eligible

Application Fees​

You may include your family in the application so your family can migrate to Australia together.​​

• Application fee for nomination: $540

• Skilling Australian Fund levy:

  • $3000 (if annual turnover is lower than $10m); or

  • $5000 (if annual turnover is over $10m)

• Application fee for visa – First Instalment:

  • Main applicant: $4240

  • Each secondary applicant aged 18 or over: $2120

  • Each secondary applicant under 18: $1060

• Application fee for visa – Second Instalment (this applies if any applicant at least 18 is assessed as not having functional English at the time of application)

  • Main applicant: $9800

  • Each secondary applicant: $4890​

Please note: you may incur third-party charges, for example, for translation, skills assessment, English test, police certificate and health exam.

Processing Time​

Kindly note the processing time constantly varies. Please contact us for update.

• Direct Entry stream​

  • 75% of applications: 6 months

  • 90% of applications: 9 months

• Temporary Residence Transition stream​​

  • 75% of applications: 12 months

  • 90% of applications: 21 months​

• Labour Agreement stream​

  • 75% of applications: 6 months

  • 90% of applications: 24 months

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