The following requirements need to be satisfied by the primary visa applicant under both the Direct Entry and Temporary Residence Transition streams. Hence, these are common requirements which need to be satisfied by the primary visa applicant under either of these streams. In addition to these requirements, the primary visa applicant needs to satisfy the specific and different requirements that apply to the particular stream that the primary visa applicant is applying under – see below explanation:
Important: You will need to find an Australian business to sponsor you before you can proceed with your application. You cannot complete this employer sponsored visa independently without an Australian employer. As far as we are aware, you are unlikely to receive an invitation if you are trying to find an employer through the Department’s Expression of Interest database. Please note that the above listed requirements are not the only requirements that the visa applicant and the employer/sponsor need to satisfy in order to obtain a 186 visa. The above only outlines the key requirements.
The following requirements apply to both the Direct Entry and Temporary Residence Transition nomination applications by the sponsoring business. Hence, these are common requirements which need to be satisfied for applications under either of these streams. In addition to these requirements, the sponsoring business needs to satisfy the specific and different requirements of the particular stream that the business is applying under – see below explanation:
Primary visa applicant requirements under Direct Entry stream:
*You are exempt from having to complete a skill assessment if you are a Subclass 444 (New Zealand citizens) or Subclass 461 visa holder (relative of a New Zealand citizen) and you have worked in an eligible occupation for the same employer for at least 2 out of the last 3 years (excluding periods of unpaid leave).
You are also exempt from this skill assessment requirement if your sponsoring employer is any of the following:
Business nomination requirements under Direct Entry stream:
The following transitional arrangements only apply if you held a Primary 457 visa, or was applying for a Primary 457 visa, on 18 April 2017:
Otherwise, all other primary applicants will need to satisfy the following requirements:
Primary visa applicant requirements under Temporary Residence Transition stream:
Business nomination requirements under Temporary Residence Transition stream:
Your sponsoring employer needs to demonstrate that the terms and conditions of your employment are no less favourable than the terms and conditions of employment that would be provided to an ‘equivalent Australian citizen or permanent resident’ (known as the ‘market rate’ requirement). This can be shown by providing a contract of an Australian citizen or permanent resident that is working in the same position and location as the role that you are nominated to perform for the purposes of the visa application.
Your employer may not have an Australian citizen or permanent resident that works as an employee in the same role and location as your nominated role.
If this is the case, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your salary is at least equal to the market rate. This is generally demonstrated by providing Australian market salary survey data. This data needs to be relevant to the nominated role and the location where you will be working (i.e. market salary data, such as Hays Salary Guides, will usually give specific data for various capital cities around Australia).
The sponsoring business needs to demonstrate that it has a genuine need for the nominated position. In assessing this requirement, the Department’s guidelines indicate that the following factors may be considered:
The supporting documents that a business needs to provide in order to demonstrate its genuine need for the nominated position will vary, depending on the nominated position/occupation and the nature of the sponsoring business’ operations.
For example, if the business is sponsoring a Chef, Cook, or Cafe or Restaurant Manager, then the business may be able to provide the following to demonstrate its need to the nominated role:
If the business is sponsoring a Technical Sales Representatives nec (ANZSCO code: 225499), then the business may be able to provide the following to demonstrate its need to the nominated role:
You can only lodge an application using the Department’s online portal. You can only prepare the online visa application form once your nominating employer has at least started to prepare the nomination application for your role (which is also prepared using the online portal). This is because you need the nomination application TRN which will be issued to your employer once they have started to prepare the nomination application.
You can lodge your visa application once your sponsoring employer has lodged the business nomination application. You do not have to wait until the Department decides the business nomination application before you lodge your visa application, although you can wait if you wish. If you wait for nomination approval, then must lodge your visa application within six months of the date that the business nomination application is approved.
After you have lodged the application, you upload the supporting documents electronically. As part of the initial application, you do not need to submit any actual paper work or forms. It is all online.
The below is just a list of the relevant government lodgement fees:
The Department’s processing time for the 187 nomination and visa applications increased significantly in 2017. The Department’s current processing times are approximately:
Direct entry stream: 12-18 months or potentially longer depending on the complexity of your application (we do note that the Department’s current processing time varies a lot at the moment. We do tend to find that applications by larger businesses are generally assessed with quicker processing times, perhaps due to the Department having less concerns with such applications in terms of the business’ need for the nominated role, and the business’ capacity to pay the proposed salary)
Temporary residency transition stream: 12-18 months or potentially longer depending on the complexity of your application
Please note that the above information is only providing estimated processing time information based on our recent experience, and actual processing times will vary for each individual application. Generally speaking, more complicated applications which may have issues satisfying the relevant legal requirements may take the Department longer to assess and decide.
Please also see Department website in relation to current processing time information:
Stream | 75 per cent of applications processed | 90 per cent of applications processed |
---|---|---|
Temporary Residence Transition stream | 15 months | 17 months |
Direct Entry stream | 15 months | 19 months |
Agreement stream | Unavailable due to low volume of applications. | Unavailable due to low volume of applications. |
.
Q: For the TRT stream, can I count work that I completed under another visa like 485 and student visa?
A: No
Q: For the TRT stream, can I count work completed with a different employer?
A: No
Q: For the TRT stream, can I lodge my application before I complete 2 years of full-time work if I am close to completing 2 years?
A: No – you must satisfy the 2 year requirement at the time of application
146 Comments
Keiko · December 18, 2019 at 4:08 pm
Hi Peng.
I got a refusal of my 186 visa ( sponsor nomination part) I appealed to AAT and have been waiting for 18months.. my MA said none of her clients haven’t gotten any news from AAT. The oldest client is waiting for close to 2years..
Have any of your clients gotten any news fromAAT? On average, how long is going to take to get the hearing in fact?
My Access Australia · December 21, 2019 at 2:20 pm
Hi Keiko,
The waiting time is generally over 18 months:
https://www.aat.gov.au/steps-in-a-review/migration-and-refugee/migration/what-happens-after-lodgement
Carl · September 24, 2019 at 12:28 pm
Hi with this visa do you still need to keep your health insurance if you are on the Medicare scheme?
My Access Australia · September 28, 2019 at 8:20 pm
Hi Carl,
There aren’t any obligations to purchase health insurance as a 186 visa holder – this is a permanent residency visa.
Andy · August 7, 2019 at 3:48 pm
Hi,
I was wondering that does my son (22y) have to go to school for the prove of enrollment for the application to be going easily? I read on the mail and saw that any dependent who is 18 or over does need to need to prove to have functional English or they can pay the second installment visa charge fee. Can my son pay the fee instead of schooling? We are currently waiting for our application to be processed. And the lawyer said my son need to provide school letter to be a dependent. Thanks.
My Access Australia · August 7, 2019 at 5:54 pm
Hi Andy,
Please see information in relation to English requirement: https://www.myaccessaustralia.com/english-186-187-visa/
Kevin · July 28, 2019 at 6:58 pm
Hi there,
I just have a couple of questions in relation to the ENS scheme and kindly refer below,
1.) As an accountant am I eligible to apply under the Direct Entry Stream provided I have got 3 years work experience and a positive skills assessment?
2.) If someone has worked say 2 years and 9 months, can the Employer apply for the nomination given that it takes at least 12 to 15 months for the nomination to be processed so will be 3 years by then anyway?
Kindly let me know, thanks a lot.
My Access Australia · August 3, 2019 at 7:55 pm
Hi Kevin,
1.) As an accountant am I eligible to apply under the Direct Entry Stream provided I have got 3 years work experience and a positive skills assessment?
Those are some of the main visa requirements yes. Please see above post.
2.) If someone has worked say 2 years and 9 months, can the Employer apply for the nomination given that it takes at least 12 to 15 months for the nomination to be processed so will be 3 years by then anyway?
The business can lodge the 186 nomination application before the employee has 3 years of experience.
Rosie · July 27, 2019 at 8:29 am
Hi
Can immediate family from a medium size company director/shareholder sponsor and nominate ENs 186 who positive skill assessment employee who is direct relationships and fits the position of the company.
My Access Australia · August 3, 2019 at 7:45 pm
Hi Rosie,
It would be best to contact us if you need consultation and advice in relation to your application. It isn’t really possible to obtain the information/documents that we need, or provide detailed advice via these comment fields which are intended for short/specific queries.
Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
robin · July 24, 2019 at 12:29 am
Hi bro , I am applying online form for my 186 application and it it asking for my last part which is number 19, on ENS declarations should i agree all the conditions in there? paying for sponsorship ? , and my company has already done my Nomination and provided me TRN number, rest of the part is my visa application fee, that should be paid my me right ? from my bank account ? please advise me . thanks in advance.
My Access Australia · July 26, 2019 at 9:45 pm
Hi Robin,
You can lodge your visa application after the 186 nomination application is lodged.
Please see Department website for payment options.
Jashan · July 19, 2019 at 6:19 am
Hi I was on 457 visa which expired on 19 of May
And I applied for a student visa which got refused. Now I have to go AAt for Apeal.
I am just wondering can I apply for 186 visa as my employer ready to sponsor me for that.
My Access Australia · July 19, 2019 at 8:20 pm
Hi Jashan,
You would need to do an offshore application for the 186 due to your prior refusal. Please see the following article for further information: https://www.myaccessaustralia.com/section-48/
Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your eligibility for the 186 visa.
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