Which 186 Visa Are You Eligible For?
The Subclass 186 visa offers three primary streams to cater to different employment situations:
1. Temporary Residence Transition (TRT) Stream:
This stream is for individuals who currently hold a Subclass 482 visa and have been employed in the same role by their nominating employer for at least two years. The employer must support the worker’s transition from a temporary to a permanent position.
2. Direct Entry (DE) Stream:
For applicants who may not have previously worked in Australia, the Direct Entry stream allows individuals with at least three years of experience in a relevant occupation to apply for permanent residency. The nominated occupation must appear on the Subclass 186 Occupations List, and the applicant’s skills must be assessed by the relevant skills authority.
3. Labour Agreement Stream:
This stream is for workers whose employers have a formal Labour Agreement with the Australian Government. Labour Agreements are used to address acute labor shortages that cannot be filled through standard migration programs.This stream is for individuals who currently hold a Subclass 482 visa under the Labour Agreement stream and have been employed in the same role by their nominating employer for at least two years. The employer must support the worker’s transition from a temporary to a permanent position.
Eligibility Criteria
To qualify for the Subclass 186 visa, both the employer and the applicant must meet specific requirements:
Employer Requirements:
The employer must nominate the applicant for a position listed on the 186 Occupation List. Additionally, the employer must demonstrate that they have made genuine efforts to hire an Australian worker and that the nominated role is essential to their business. Employers are also required to pay the market salary rate.
Applicant Requirements:
The applicant must:
• Be under 45 years of age (some exemptions apply).
• Have at least three years of work experience in the nominated occupation.
• Meet the required level of English language proficiency.
• Satisfy health and character requirements.
• Have their skills and qualifications assessed by the relevant authority, if necessary.
Application Process
The Subclass 186 visa application process consists of two key stages:
Employer Nomination:
The employer must first submit a nomination application, demonstrating that they cannot find a suitable Australian worker and that the role is critical to their business. The nomination process also requires proof that the employer can meet all legal obligations, including paying the market salary rate.
Visa Application:
Once the nomination is approved, the applicant can lodge their visa application. This application must include supporting documents, such as evidence of qualifications, work experience, and English language proficiency. The processing time for the 186 visa typically ranges from 6 to 12 months, depending on the case’s complexity and the chosen stream.
Benefits of the 186 Visa
The Subclass 186 visa offers a wide range of benefits to both the visa holder and their family members:
• Permanent Residency: The visa holder can live in Australia indefinitely.
• Work and Study: Visa holders have unrestricted rights to work and study in Australia.
• Medicare Access: The visa holder and their family gain access to Australia’s public healthcare system, Medicare.
• Sponsorship Rights: They can sponsor eligible family members for permanent residency.
• Pathway to Citizenship: After meeting the residency requirements, visa holders can apply for Australian citizenship.
The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice for information that is specific to your situation, please contact us.
