Australian Permanent Employer Sponsored Visas – An OverviewAussie 100s

There are 2 Visas under this stream. They are:

1. Subclass 186 – Employer Nomination Scheme (ENS); and
2. Subclass 187 – Regional Sponsored Scheme (RSMS).

Both these visas are permanent residence visas. You may be inside or outside Australia, when you apply for these visas but if you are within Australia, you must hold either a substantive visa or a Bridging Visa A, B, or C.

There are two ways to approach a possible application under these 2 Subclasses.

• Those applicants who have already been nominated by an employer in Australia, must lodge an application within 6 months of that employer’s nomination being approved by the DIBP.
• If you don’t already have an employer/Australian sponsor who is able to nominate you, you can register with SkillSelect to lodge an expression of interest (EoI) in order that you might be contacted by an employer who would be willing to nominate you. In other words, SkillSelect acts as a “matchmaker” to potentially source a position for you.

There are 3 visa streams under both Subclass 186 and 187 by which an employer may nominate you.
These 3 Visa Streams are as follows:

1. The Temporary Residence Transition stream is for existing Subclass 457 Visa holders who have worked for at least 2 years in the same occupation with their nominating employer, whose now lodged a valid nomination with DIBP and who now want to offer you a permanent position in that occupation;

2. The Direct Entry stream is for people who have never worked, or have only briefly worked in Australia, or for temporary residents who don’t qualify under the Temporary Residence Transition stream, or for persons who had a nomination lodged with DIBP before 1 July 2012.

3. The Agreement stream is for people sponsored by an employer through a “Labour Agreement”.

 

Subclass 186 – ENS

You may be able to successfully obtain this visa if:

• You have an approved business nomination from DIBP (after the proposed sponsor lodges the nomination application with DIBP);
• The approved nomination is from an Australian employer which was given in the last 6 months before your visa application;
• You are under the age of 50 at time of application (there are limited exemptions to this);
• You have the required skills and the qualifications for the position;
• You hold all mandatory registrations, licenses or professional memberships, or you have already been fully assessed as suitable by a relevant assessing authority;
• You have appropriate English language skills at time of your application lodgement (there are limited exemptions to this requirement);
• You meet health and character requirements;
• You meet the requirements of the stream in which you have applied for the Visa.

An Australian Business can nominate a skilled worker for a 186 visa if they:

  • actively and lawfully operate a business in Australia
  • have a genuine need for a paid employee to fill a skilled position
  • offer a skilled position in the applicant’s field that is full time and ongoing for at least two years
  • pay a market salary rate
  • comply with Australian immigration and workplace relations laws
  • there is no adverse information known about the business or any person associated with the business.

The requirements of each of the 3 streams are quite complex. We recommend that you seek complete advice before proceeding. All requirements in respect to each of the 3 visa streams which can be fully explained to you. We can help you through the maze of procedures and evidence required both prior to application and at the application stage, in order to maximise the potential for a successful application. The requirements of each of the 3 streams are quite complex. We recommend that you seek complete advice before proceeding.

 

Subclass 187 – RSMS

You may be able to obtain this Visa if:

• You have been nominated by an approved Australian employer for a job in regional Australia. Note that regional Australia does not include Sydney, Melbourne, Brisbane, the Gold Coast, Newcastle or Wollongong.
• You are less than 50 years of age at time of application (there are some minor exemptions to this);
• You meet the skills, qualifications and English language requirements required (there are some limited exemptions to English language requirements);
• You meet health and character requirements;
• You apply under the stream for which you were nominated by your employer.

An Australian Business can nominate a skilled worker for a 187 visa if they:

  • actively and lawfully operate a business in regional Australia (regional Australia does not include the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne)
  • have a genuine need for a paid employee to fill a skilled position.
  • offer a skilled position in the applicant’s field that is full time and ongoing for at least two years
  • pay a market salary rate
  • comply with Australian immigration and workplace relations laws
  • there is no adverse information known about the business or any person associated with the business.

The requirements of each of the 3 streams are quite complex. We recommend that you seek complete advice before proceeding. For instance, under the Direct Entry stream for Subclass 187, the business must obtain written advice from a Regional Certifying Body about the position you want to fill. The Regional Certifying Body will need to certify in writing that:

  • there is a genuine need for a paid employee in a business operated by the employer that is actively and lawfully operating in a regional area of Australia
  • the terms and conditions of employment are the same as those that would apply to an Australian citizen or Australian permanent resident performing the same work in the same location
  • the nominated position cannot be reasonably filled from the local labour market.

We can assist you through the maze of requirements and evidence necessary to succeed with an application under Subclass 187 including pre-application requirements as well as those requirements at the application stage. The requirements of each of the 3 streams are quite complex. We recommend that you seek complete advice before proceeding.

 

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