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Subclass 186 Employer Nomination Scheme

This visa pathway allows Australian employers to sponsor skilled workers from overseas to permanently live and work in Australia. Who may apply for this visa? The applicant’s occupation must be listed on the Medium and Long-term Strategic Skills List to be eligible. This permanent resident visa has three streams.
  1. Direct Entry Stream
To be eligible for this stream, the applicant must meet the following:
  • Be nominated by an Australian employer;
  • Be under 45 years of age unless exempted;
  • Have at least 3 years relevant work experience in their nominated occupation;
  • Have the necessary license, registration or membership if required in the occupation;
  • Have a positive skills assessment;
  • Have at least competent English; and
  • Pass the health and character requirements.
The sponsoring employer must also meet the following requirements:
  • Be lawfully operating in Australia;
  • No adverse information;
  • Must pass the Labour Market Testing (LMT) – The LMT involves demonstrating to the Department of Home Affairs that your business is unable to find suitable Australian worker to fill the position in your business;
  • Offer a salary to the nominated employee which must be above the Temporary Skilled Migration Income Threshold (TSMIT) which is currently at AUD53,900 plus superannuation per annum. The proposed salary must also be within the market rate for the role;
  • Offer a skilled position that is full-time and ongoing for at least 2 years; and
  • Pay the required Skilling Australian Funds (SAF) levy at the nomination stage. The current Skilling Australian Funds levy are as follows:
Business Turnover Required SAF levy to be paid per nomination per year
Small business with turnover of less than AUD10 million AUD1,200
Large business with turnover of more than AUD10 million AUD1,800
If a large business is applying for a four-year TSS visa, the sponsor must pay AUD7,200 (AUD1,800 x 4) when the nomination is made.
  1. Temporary Residence Transition Stream
This visa pathway allows Australian employers to sponsor employees who have been working in the business for at least 3 years as holders of Subclass 482 or 457 visa to permanent live and work in Australia. To be eligible for this stream, the applicant must meet the following:
  • Be nominated by an Australian employer;
  • Be under 45 years of age unless exempted;
  • Have been working full-time for the sponsoring employer as a holder of Subclass 482 Long-term Stream or Subclass 457 (not under Labour Agreement Stream) visa for at least 3 of the 4 years prior to your nomination for this visa;
  • If you held (or had applied for and were later granted) Subclass 457 on 18 April 2017, you  must have been sponsored to work full-time for at least 2 of the 3 years prior to your nomination for this visa;
  • Have the necessary license, registration or membership if required in the occupation;
  • Have at least competent English; and
  • Pass the health and character requirements.
The sponsoring employer must also meet the following requirements:
  • Be lawfully operating in Australia;
  • No adverse information;
  • Must pass the Labour Market Testing (LMT) – The LMT involves demonstrating to the Department of Home Affairs that your business is unable to find suitable Australian worker to fill the position in your business;
  • Offer a salary to the nominated employee which must be above the Temporary Skilled Migration Income Threshold (TSMIT) which is currently at AUD53,900 plus superannuation per annum. The proposed salary must also be within the market rate for the role;
  • Offer a skilled position that is full-time and ongoing for at least 2 years; and
  • Pay the required Skilling Australian Funds (SAF) levy at the nomination stage. The current Skilling Australian Funds levy are as follows:
Business Turnover Required SAF levy to be paid per nomination per year
Small business with turnover of less than AUD10 million AUD1,200
Large business with turnover of more than AUD10 million AUD1,800
  1. Labour Agreement Stream
This temporary resident visa allows Australian employers who have labour agreements with the Australian Government to sponsor skilled workers to permanently live and work in Australia. To be eligible, the applicant must meet the following:
  • Be nominated by an Australian employer;
  • Holder of Subclass 457 or Subclass 482 visa under the Labour Agreement Stream.
  • Be aged of under 45 years unless exempted;
  • Have the necessary license, registration or membership if required in the occupation; and
  • Pass the health and character requirements.
For employers, the following requirements must be met:
  • No adverse information;
  • Pay the Skilling Australians Fund levy;
  • Have complied with Australian immigration and workplace relations laws;
  • Have a current Labour Agreement; and
  • Have met any nomination requirements specified in the agreement.
What can I do with this visa?
  • Work full-time for the sponsoring employee
  • Study in Australia
  • Include members of your family unit
  • Apply for Australian citizenship if eligible

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    Sunshine Migration Law Group
    27B Duporth Ave
    Maroochydore QLD 4558
    AUSTRALIA
    0434 789 704

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