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Employer Nomination Scheme visa: 186 Direct Entry vs. 186 Temporary Residence Transition Streams

The subclass 186 visa is a Permanent Resident visa which is available for qualified overseas workers who meet the requirements for one of the streams.

Requirements 186 Direct Entry Stream:

  1. Have an eligible occupation that is provided by the Department of Home Affairs. https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list
  2. Have relevant work experience unless exempt. The applicant is required to have at least 3 years of relevant work experience in the nominated occupation.
  3. Licensing, registration, or membership: The applicant must be licensed, registered, or a member of a professional body if it is mandatory in the state or territory the applicant intends to work in.
  4. *Have a positive skill assessment
  5. Be nominated by an Australian employer whose business is actively and lawfully operating.
  6. The applicant must be under 45 years of age when he or she applies unless the applicant is eligible for the exemption policy.
  7. Have at least competent English: Competent English (homeaffairs.gov.au)

Smiling businessmen listening to young female during interview

 

Requirements 186 Temporary Residence Transition Stream (TRT):

  1. The applicant’s employer must have sponsored the applicant to work full-time on a subclass 457 or subclass 482 visa for at least 3 of the 4 years prior to nominating the applicant for the subclass 186 visa.
  2. Have an eligible occupation that is provided by the Department of Home Affairs. https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list
  3. Licensing, registration, or membership: The applicant must be licensed, registered, or a member of a professional body if it is mandatory in the state or territory the applicant intends to work in.
  4. Be nominated by an Australian employer whose business is actively and lawfully operating.
  5. The applicant must be under 45 years of age when he or she applies unless the applicant is eligible for the exemption policy.
  6. Have at least competent English: Competent English (homeaffairs.gov.au)

*Changes to sponsorship: If the business ownership of the subclass 457 or subclass 482 sponsor has changed in the last 3 years - for example, due to a business sale, takeover, or restructure - you might still be able to count the time you worked for the previous business.

 

Advantages of Direct Entry Stream:

  1. one-step Permanent Resident Pathway
  2. The employer is required to pay a one-off $3,000-$5,000 Skilling Australians Fund Levy, which can be cheaper overall than SAF for both the 482 then the 186 transition.

Processing time:

  • 25% of applications: 4 Months
  • 50% of applications: 10 Months
  • 75% of applications: 11 Months
  • 90% of applications: 13 Months

Disadvantages of Direct Entry Stream:

  1. It needs the applicant to have at least 3 years of working experience in the nominated occupation before making an application.
  2. It needs the applicant to have a positive skill assessment.

Advantages of TRT Stream:

  1. *No need for Skill assessment

Disadvantages of TRT Stream:

  1. Two steps permanent Resident Visa pathway (from 482 to 186)
  2. It is difficult for the applicant to change employer/job before the applicant is eligible to apply for this visa under this stream.
  3. The processing time is longer than the Direct Entry Stream:
  • 25% of applications: 7 Months
  • 50% of applications: 10 Months
  • 75% of applications: 11 Months
  • 90% of applications: 14 Months
  1. The employer is required to spend more money on this pathway (Skilling Australians Fund Levey for 482 Visa and 186 TRT Visa, Visa application fees for 482 visa and 186 TRT).
  2. The visa is only available for the Subclass 482 visa holders and the TSMIT of Subclass 482 visa increases to $70,000 a year from 1st July 2023. This TSMIT change may cause complications for some existing 482 holders.
  3. May need a Positive skill assessment anyway in the application for Visa 482*(some occupations are subject to additional requirements).

 

Sources:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186

 

How can Work Visa Lawyers help?

If you need help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We can assist with all aspects of the application and will provide an eligibility assessment before advising you to proceed with a visa application.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

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Tuesday, 05 March 2024

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