Employer Sponsored Visa – Application Process, Eligibility Criteria, Documents required

September 9, 2022    Migration Lawyer Perth
Employer Sponsored Visa – Application Process, Eligibility Criteria, Documents required

The subclass 186 visa has been designed to let international skilled workers permanently work and live in Australia. As it is Employer nominated, it is not easy to acquire this visa compared to the other Australian visas, but the trouble is worth it as it is a permanent resident visa.

The Employer sponsored visa is a permanent resident visa that needs the sponsorship of a nominating business or Employer of Australia. You will find three visa streams under this visa: the Direct Entry stream, Temporary Residence Transition stream, and Labour Agreement Stream. In this blog, you will learn about the Employer sponsored visa, the categories, and processing times of this visa.

Three Streams of the Employer Sponsored Visa Subclass 186

The three streams under the subclass 186 visa are as follows:

  • Direct Entry: Under this stream, you will need to be nominated by an Australian employer, and your occupation needs to be on the relevant skilled occupation list. If your visa is approved, you can permanently stay in Australia and directly arrive from your own country Australia.
  • Temporary residence transition stream: Under this visa, you must have already worked for your current Employer full time for around three years. It needs you to have a TSS, subclass 457, or other bridging visa. Under this visa stream, you can permanently live and work in Australia.
  • Labour agreement stream: This visa stream is for employers under a labour agreement. Under this Employer Sponsored Visa 186 stream, you need to be nominated by an employer and have your occupation listed on the skilled occupation list. You can permanently live and work in Australia under this visa stream.

Application Process for the Employer Sponsored Visa Subclass 186 Visa

The steps that are required in the application process for the 186 visas are as follows:

1. You must check if you are eligible for this visa and ensure that you have ticked all the boxes.

2. You must get your Employer to sponsor you under the direct entry stream and acquire your TRN or Transaction Reference Number from them.

3. You must get all your paperwork together, undergo specific skills assessment, and attend all the eligibility criteria tests.

4. You must apply for this visa within six months of being nominated. You need to do this via your ImmiAccount, and you can either be inside or outside of Australia while applying for this visa.

5. After this, you need to pay the fees for the visa application.

6. If Australia’s Immigration department needs more information from you, like data and biometrics, you need to respond to their request as soon as you can.

7. In due time, you will be notified of the outcome of your visa, and if your visa is refused, the reason will be explained to you. You can also request a review of the decision from the concerned authorities.

Processing Time of the Employer Sponsored Visa –

The processing time of every stream under this visa is as follows:

  • Direct entry stream- Around 25% of the applications are processed within four months, and 90% of them need 13 months to be processed.
  • Labour agreement stream- Around 25% of the applications under this specific stream are processed within three months, and 90% of the applications are processed within eight months.
  • Temporary residence transition stream- 25% of the applications under this visa are processed within four months, and 90% of them are under 30 months.

You need to check your ImmiAccount often to ensure that the concerned authorities do not need more information from you. The Department of Home Affairs may not be able to provide you with updates on your application all the time.

Eligibility Criteria for Employer Sponsored Subclass 186 Visa

Some of the basic eligibility criteria that you need to fulfill before applying for the subclass 186 visa are as follows:

  • You need to be skilled: You need to have the essential skills to carry out the work or job role that is listed on the skilled occupation list. This includes having work experience of at least three years in your profession.
    To prove this, you must submit a skills assessment, registration or membership with the concerned governing bodies.
  • You must be nominated by an Australian employer: The Australian Employer who will employ you in the future needs to go through the official channels to nominate you. This is to ensure that they are lawfully operating in Australia, and you may be denied a visa if your nomination is withdrawn or there is adverse information against them.
  • You need to be of a specific age: Under this visa 186, you need to be under 45 years of age limit when you apply for this visa, and there might be some exemptions for scientists, researchers, and lecturers. You also need to have already worked for the Employer who will nominate or have nominated you.
  • It is important to meet the health requirements: You and the family members traveling with you need to fulfill the minimum health requirements. You and your visa dependents need to ensure that you are not suffering from specific diseases.

Meeting the health requirements will ensure that you and your family members will not be a burden on the Australian healthcare system. You must provide proof of having carried out health examinations by a legal healthcare provider. They need to submit the results of the medical examination on your behalf.

  • You must meet the character requirements: There are certain character requirements that you need to fulfill that will ensure that you are an individual of good character. You may be denied the 186 visas if it is found that you have a criminal record and have been linked with anti-social organizations.

You might not get a visa if the authorities sense that you have the potential to create disharmony and threaten the livelihood of Australians. You will most likely be requested to provide a police certificate from the previous countries where you have resided. You can contact Migration lawyers, Perth to know more about this.

  • Your occupation needs to be listed on the skilled occupation list: This is a list that often changes to meet the latest demands. Not all occupations are eligible for this type of visa; this is why you need to check if your occupation is listed on the specific occupation list.
  • You are required to meet the minimum English standards: Until and unless you reside in the UK, US, Ireland or Canada or are a citizen of those countries, you need to prove that you are competent in English. You need to meet specific scores on IELTS, PTE Academic, Cambridge C1, TOEFL and iBt to prove that you have competent English language skills.

If you have debts from the Australian government, you need to pay all those debts back. Your visa might be denied if it is found out that the previous Australian visa was refused or canceled.

Documents Needed for the Visa

You need to provide many documents for the subclass 186 visa, and you need to start collecting these documents as soon as possible. These documents will also be needed for the family members who are accompanying you to Australia. They are as follows:

  • Police certificates that prove that you have good character.
  • Certificates that prove you are proficient in the English language.
  • Form 80 will be used to assess your character.
  • Skills assessment that proves you fit your chosen occupation or industry body registration proof
  • Your resume or CV
  • Skills evaluation exemption document
  • Proof of your identity for documents such as birth certificate, passport, and national identity card
  • You need to provide proof of the name change if you have changed your name.
  • Relevant marriage certificates
  • Evidence of good health
  • Age exemption documents if you are over 45 years of age
  • An Australian values statement that is signed
  • Documents for your partner or dependents that might include English test results, ID proof, character documents, and health assessment results.

186 Nomination

There are certain requirements that might apply to both Temporary Residence Transition and Direct Entry nomination applications by the business sponsoring the applicants. Other than these requirements, the sponsoring business also needs to satisfy relevant requirements for the stream the business will apply.

Employer-Sponsored Visa requirements are as follows –

1. The salary needs to be equal to what Australian employees get paid: The business needs to show that the proposed salary of the visa applicant is the same as the Australian market rate for the nominated role.

2. TSMIT or Temporary Skilled Migration Income Threshold: For the nominated role to be sponsorable and eligible, the sponsoring employers need to show that the Australian market rate for your role is equal to TSMIT, which is around AUD53900 per annum.

3. Commitment to working in the nominated role: As an employer-sponsored visa applicant, you need to make the commitment to work under a nominated role for around two years from the date the permanent residency pathway is offered. Your Employer also needs to make the commitment that the nominated role will be available to you for at least two years.

The Department of Home Affairs will evaluate the financial position, clients, staff, current operations, payroll expenses, and other things of the business. As per the provided information, the Department must be satisfied that the business will keep operating for the next two years and provide your employment under your nominated role.

4. Following the migration and Australian law: The business that nominated you needs to have a history of following Australia’s workplace relations and immigration laws.

5. There should be no unpleasant information: There should not be any unfavorable or unpleasant information about the sponsoring business and people associated with the business. Your visa may be denied, and your nomination may be canceled if any adverse information is against the business.

Contact Migration Lawyer Perth

If you want to apply for the subclass 186 visa in Australia, you must fulfill all the mentioned requirements above and provide documents to the concerned authorities. You need to find a suitable Australian employer or your current Employer who can nominate you for this visa.

If you need help, you can contact Migration Lawyer Perth; they are a reputed law firm that can help to provide the best migration lawyers in Australia for your help. Due to their experience and expertise, these lawyers can help you know about the visa and also help fill up the application form.

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