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Permanent Visa

Employer Nomination Direct Entry (subclass 186)

Subclass 186 is a permanent visa and have three streams.

  1. Transition stream
  2. Direct entry, and
  3. Labour agreement stream

This visa requires the visa applicant to be nominated by employer in a position of nominated occupation. Nomination needs to be lodged before lodging the visa application and need to be approved by minister before visa can be granted. Family member can be added in the visa application as secondary applicants. Processing timing changes from time and can be viewed by clicking on the below link:
Global visa processing times (homeaffairs.gov.au)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

There are multiple requirements of the visa which are as follows:

Requirement at the time of application:
Location: Can be onshore or offshore at the time of application.
Immigration status: Must hold substantive visa, BVA, BVB or BVC at the time of application.
Declare Position: must declare the same position to the application related is a position nominated.
Declaration: Applicant of the visa must declare by writing that all applicants are not engaged in the contravention of subsection 245AS (1) Act (paid sponsorship related event)
Combine: family members can combine the application with the primary applicant.

At the time of decision:

Common Criteria:

  1. Hold a license, registration, become member of a particular professional body, if mandatory in that state or territory to perform duties in occupation to which position is nominated.
  2. The position to which the application relates will provide to the applicant the employment referred to in the application for approval.
  3. Must have held sc491 or sc494 visa for at least 3 years at the time of application, if current visa or last visa was one of those mentioned above.
  4. Must meet Medical and Character test criteria

TRT Stream

  1. Less than 45 years of age at time of application
  2. Age exemption are available to following categories of applicants (LIN9/216):
    (a) academic applicants.
    (b) Regional medical practitioner applicants.
          (c)  Science applicants.
          (d)  Subclass 457/482 workers.
         (da) Subclass 457/482 coronavirus concession workers.
          (e)  transitional 457 workers under 50.
  3. Have competent English i.e., 6 each score in each module of IELTS in one sitting or equivalent test. . No exemptions are available at this stage.
  4. Application identifies the applicant and position in which the nomination is made and need to be the same position for TRT stream.
  5. Nomination must be approved before grant.
  6. Nomination must not be withdrawn.
  7. No adverse info about the nominator or the associate entity or may be disregarded by
    decision maker if not severe.
  8. Position is still available to the applicant.
  9. Visa application must be lodged within 6 months of the approval of the application.
  10. Public interest Criteria:
    1. PIC 4007: No health waiver for all applicants including MOFU whether applicant or not.
    Skill: if required then able to demonstrate skill to perform the task of occupation related to nominated position

Direct entry Stream:

  1.  Age: 1. Less than 45 years of age at time of application
    Age exemption are available to following categories of applicants
    (a) academic applicants.
    (b) science applicants.
    (c) Subclass 444/461 workers.
  2. Have competent English i.e., 6 each score in each module of IELTS in one sitting or equivalent test. No exemption available)
  3. Application identifies the applicant and position in which the nomination is made and need to be the same position of direct entry stream and as declared in declaration at the time of the application.
  4. Same nominator/employer who nominated the applicant at the time of application.
  5. Nomination need to be approved before grant of the visa and nor being withdrawn since then. No adverse info about nominator or the associate entity or may be disregarded by decision maker if ignorable.
  6. Position is vacant and available to start the work.
  7. Visa must be lodged within 6 months of approval of nomination.

Skill assessment :

  1. Have positive and valid skill assessment and not older than 3 years from the date of skill assessment. Shorter period if stipulated on skill assessment certificate.
  2. Experience: At least 3 years on a full-time basis and at the level of skill required for the occupation.
    Exemption: Exemption is available for
    (a) academic applicants.
    (b)  science applicants.
    (c) Subclass 444/461 workers.
    Health assessment/Medical: PIC 4005 applies which means no health waiver for primary and MOFU regardless included in application or not.

Labour Agreement stream

  1. Age: Under 45 at the time application unless exempted under LA agreement.
  2. Application of nomination of the position in LA stream must identifies applicant for grant of visa.
  3. Nomination needs to be approved before grant of the visa and nor being withdrawn since then. No adverse info about nominator or the associate entity or may be disregarded by decision maker if ignorable.
  4. Position is vacant and available.
  5. Similar terms and conditions and wage rate those would have been provided to citizen, PR if hired.
  6. Qualifications, experience and other attributes that are suitable for the position.
  7. Sufficient English to do the job or perform work.
  8. Experience: Have 3 years work experience unless waived by minister
  9. Applicant demonstrate skills in the manner specified by the Minister, if required to do so.
  10. Health assessment/Medical:
    PIC 4005 applies which means no health waiver for primary and MOFU regardless included in application or not.

 

Secondary Applicant:

  1. Included in Nomination.
  2. Can be onshore of Offshore

Time of grant: Visa can be granted either onshore or offshore except Immi clearance Duration: comes with 5 years travel authority but permanent visa with multiple entry. Conditions: No condition for primary applicant but for other condition 8515 applies.

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