Permanent Nomination (186)

The Employer Nominated and Regional Sponsored visas (186) allow employers to recruit workers current in Australia on temporary visas or directly from overseas to fill skill shortages within their businesses.

It is a two stage process:

1. The Australian business lodges an application for approval of a nominated position.
2. The applicant applies for a permanent visa

This is a different process to the application for approval of a Standard Business Sponsorship (SBS) in that a business does not need to hold a SBS to sponsor an employee for a permanent visa.

(1) Nomination Application 

The Australian business lodges an application for approval of a nominated position.

Temporary Residence Transition Stream (186) – General Requirements

Where the nominee already works in the sponsoring business.

• accompanied by the prescribed fee (unless in Regional Australia – no fee);
• accompanied by the prescribed training contribution charge – Skilling Australians Fund (SAF). The amount payable will depend on the turnover of the business.
• identify a person who already holds a 457/482 visa and identify an occupation listed in ANZSCO with the same 4 digit occupation unit group code as the occupation to be carried out by the 457/482 visa holder;
• nominator must be (or was) the Standard Business Sponsor (SBS) who last nominated the 457/482 visa holder;
• must have been employed full-time while in Australia and in the previously nominated position for at least 3 years during the previous 4 years (if transitional arrangements apply, 2 years during the previous 3 years);
• the employment conditions were no less favourable than conditions provided for an Australian citizen or permanent resident working in the same location and equivalent role;
• the new nomination is for full-time work that is available for at least 2 years;
• no adverse information is known to the Department about the business;
• the business has a record of compliance with Australia’s migration and workplace laws

Direct Entry Nomination (186) – General Requirements 

• accompanied by the prescribed fee (unless in Regional Australia – no fee);
• accompanied by the prescribed training contribution charge – Skilling Australians Fund (SAF). The amount payable will depend on the turnover of the business.
• the nominated employment is full-time and available for at least 2 years;
• the employment conditions were no less favourable than conditions provided for an Australian citizen or permanent resident working in the same location and equivalent role;
• no adverse information is known to the Department about the business;
• the business has a record of compliance with Australia’s migration and workplace laws
• the business has the capacity to employ the nominee for at least 2 years and to pay the person at least the annual market salary rate
• the tasks to be performed in Australia and correspond to the ANZSCO tasks of the occupation

Once a position is approved, the nomination will be valid for 6 months, during which time an application for a visa must be lodged. The visa application cannot be lodged before the nomination is approved.

(2) Visa Application

General Requirements:

• Character and health requirements
• hold (or be eligible to hold) a license, registration, or be a member of a professional body, if necessary to preform the duties of the occupation
• Not turned 45 (unless exempt)
• have Competent English (unless exempt)
• have a positive skill assessment (if in the Direct Entry steam)
• three years work experience in the occupation
• have qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation