Navigating the Path to Permanent Residency: Understanding Subclass 186 Visa

published on 08 May 2024

Are you dreaming of calling Australia your permanent home? The Subclass 186 visa, the Employer Nomination Scheme visa, could be your perfect opportunity. This visa paves the way for skilled workers from abroad to settle in Australia permanently, all while being sponsored by an Australian employer. Here’s a straightforward guide to understanding this life-changing opportunity.

My name is Ines, and I’m the principal solicitor at Rocket & Ash Immigration Law. I’ve personally been practicing Immigration Law exclusively for nearly 14 years and have assisted hundreds of employers in securing work visas for their employees.

What is the Subclass 186 Visa?

The Subclass 186 visa falls under the Employer Nomination Scheme, designed for skilled workers who wish to work and live in Australia permanently. It consists of three streams: the Direct Entry stream, the Labour Agreement stream, and the most commonly used, the Temporary Residence Transition (TRT) stream.

Direct Entry Stream

Perfect for those who have never, or only briefly, worked in Australia, the Direct Entry stream requires applicants to be nominated by an Australian employer. The catch? You need to demonstrate your skills with a positive skills assessment and have at least three years of relevant work experience.

Labour Agreement Stream

This stream is for individuals sponsored by an employer through a labour agreement. The Labour Agreement stream is tailored for employers to sponsor overseas workers in response to identified or agreed upon labour market needs.

Temporary Residence Transition Stream

For those who have already dipped their toes into Australian waters, the TRT stream allows individuals who have worked for the same employer in Australia for the last three years under a Subclass 457 or a 482 visa to apply for permanent residency. This stream relies heavily on the continued sponsorship by their employer.

Key Requirements

  • Nomination by an Australian employer: The cornerstone of the Subclass 186 visa is the need for an official nomination by an employer who is actively and lawfully operating a business in Australia.
  • Occupation on the relevant list: Your occupation must be on the relevant list of eligible skilled occupations.
  • Meet the skills requirements: Depending on your stream, this could include a skills assessment.
  • Age limit: Generally, applicants should be under the age of 45 at the time of application, unless exemptions apply.
  • Language proficiency: You must meet certain English language requirements, unless exceptions apply.

Application Process

  1. Employer lodges a nomination: Your journey begins with your employer lodging a nomination with the Australian immigration authorities, this is done via a immigration lawyer or agent.
  2. Visa application on behalf of applicant: Once the nomination is approved, your employer must lodge the visa on behalf of you within 6 months.
  3. Decision: If all your documents are in order and you meet the requirements, you could be looking forward to your new life in Australia.

Why Consider the Subclass 186 Visa?

  • Permanent residency: This visa grants you permanent residency in Australia. You can live, work, and study in Australia indefinitely.
  • Include family members: You can include your partner and children in your application.
  • Medicare access: Enjoy access to Australia's public medical system, Medicare.
  • Pathway to citizenship: Once eligible, you can apply for Australian citizenship.

If the Subclass 186 visa sounds like your pathway to a new life in Australia, the first step is to secure a nomination from your employer.

About Rocket & Ash Immigration Law

At Rocket & Ash Immigration Law, we specialise in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.

If you require assistance with your Subclass 186 Visa application or have any other immigration-related queries, our experienced team can help.

Please book a free 15-minute discussion with our team if you have further questions.

Written by Ines Jusufspahic, LPN: 5511366

This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.

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