Subclass 186 Visa: A Step-by-Step Guide for Employers and Skilled Workers
The Subclass 186 visa, part of Australia’s employer-nominated scheme, is a popular option for both skilled workers and employers looking to fill critical roles. This visa provides a pathway to permanent residency, making it a highly sought-after choice for talent across the globe. Employers can nominate skilled employees from overseas or those residing in Australia through the 186 sponsorship visa.
Understanding the Subclass 186 Visa
The Subclass 186 visa falls under three primary streams: Direct Entry stream, Temporary Residence Transition stream, and the Labour Agreement stream. Each stream caters to different scenarios, providing flexibility to employers and skilled workers alike.
Direct Entry Stream
This stream is designed for applicants who are outside Australia and have never worked under the subclass 457 or 482 visa. It requires applicants to pass a skills assessment and demonstrate at least three years of relevant work experience in their nominated occupation.
Temporary Residence Transition Stream
The Temporary Residence Transition stream is suitable for those who have worked for their nominating employer under the subclass 457 or 482 visa for at least three years. It provides a straightforward path to permanent residency without the need for a skills assessment.
Labour Agreement Stream
The Labour Agreement stream is for applicants sponsored by an employer who has a labour agreement with the government. This stream is typically used in cases where there are skills shortages that cannot be filled by the Australian labour market.
Eligibility Criteria
For the 186 sponsorship visa, eligibility requirements must be met by both the employer and the employee. Employers must be lawfully operating businesses in Australia and demonstrate that the nominated position cannot be filled by an Australian worker. Additionally, the employer must have the capacity to train Australians in similar positions.
Skilled workers must meet age, skills, English language proficiency, and health and character requirements. Importantly, they must also receive a valid nomination from their employer.
The Application Process
The application process for the Subclass 186 visa involves several key steps. Initially, the employer must submit an online nomination through the Department of Home Affairs platform. Once the nomination is approved, the skilled worker can then apply for the visa.
Step 1: Employer Nomination
Employers must provide detailed information about their business operations and the necessity of the skilled position. This includes evidence that they have genuinely attempted to recruit from the Australian labour market without success.
Step 2: Visa Application
Upon nomination approval, the visa application must be submitted within six months. It requires extensive documentation, including identity, skills credentials, and English language test results.
Step 3: Decision and Outcome
After submitting the visa application, the final decision is typically made within several months. Successful applicants obtain permanent residency, enabling them to live and work in Australia indefinitely.
Common Challenges and Considerations
While the Subclass 186 visa offers significant benefits, it is essential to be mindful of potential challenges. Compliance with immigration laws and obligations is critical during and after the application process. Both employers and employees must understand their respective rights and responsibilities.
Employer nominations can be refused if the Department deems that the position can be filled by an Australian worker or if compliance standards are not met. Similarly, visa applications can be denied if eligibility criteria are not sufficiently demonstrated.
Benefits of the Subclass 186 Visa
Holders of the Subclass 186 visa enjoy numerous advantages, including access to Medicare, Australia’s public health scheme, and the ability to apply for Australian citizenship in the future. Furthermore, visa holders are able to sponsor eligible family members for permanent residency.
Conclusion
The Subclass 186 Visa under the 186 sponsorship visa pathway offers a structured avenue for skilled workers and employers to achieve mutual goals. With careful planning and adherence to regulations, it serves as a vital tool for addressing Australia’s labour market needs while providing a stable future for skilled immigrants.
