Key Points for an Employer to Nominating Employees Under Subclass 186 Visa

The Subclass 186 Visa is an Australian visa granted to overseas skilled workers to help them stay and work permanently in this country. An important point to note about this visa is that both the employer and the nominated employee must meet several criteria. This blog focuses on the specific 186 visa requirements for an employer.

What Are the Three Streams under Subclass 186 Visa?

Before you nominate and sponsor your selected overseas employee, take note of the three streams designed under this Employer-Sponsored Visa for migration to Perth.

  1. Direct Entry Stream: Your employee should have worked for a similar occupation for at least 3 years and have a positive skill assessment result.
  2. Labour Agreement Stream: If you have a labour agreement with the Government of Australia, you can nominate your employee under this particular stream.
  3. Temporary Residence Transition Stream: If an employee has already worked for you and has met certain conditions, you can nominate them under this stream. Details are discussed later.

Check Out the Common Eligibility Criteria

You have to meet some common eligibility criteria for the Employer Nomination Scheme Subclass 186 Visa are as follows.

  • Your business must be legally and actively operating in Australia.
  • The job position should also be located in Australia.
  • You have a genuine need for an employee for the specified job position.

Know the Essentials of an Active Business

Running an active business is the most basic requirement for the Visa Subclass 186. The authority will consider your business active when:

  • You have the proper Australian Business Number,
  • Your company has a well-established infrastructure required to run all the activities, and
  • You have been providing services or selling goods to your customers.

See What Documents You Have to Submit to Prove Your Business Active

To prove that you have run an active business for more than 1 year, you must submit the appropriate documentation records to support your claims.

Given below are the necessary documents to submit.

  • A balance sheet for the fiscal year that has recently ended
  • A profit and loss statement for the same fiscal year
  • A business activity statement lodged for all the quarters between the end of the financial year and the Visa 186 nomination lodgement date

Check the Nomination Requirements

To nominate your employee for the Subclass 186 Visa, you must meet specific nomination criteria.

  • Make sure you employ the individual on a full-time basis in the relevant job position for a minimum of 2 years from the Employer Nomination Visa 186 grant date.
  • The employment terms and conditions must not rule out any chance of extension.

As a nominator, you will be required to submit a certified copy of the employment contract so that the authority can use it for verification. Make sure you provide the following information in the contract.

  • The nominee’s name
  • The employment period
  • The title of the job position and responsibilities
  • The salary and conditions of employment, including access to statutory entitlements

Note that the period you specify in the contract must commence from:

  • The visa grant date if the employee has already been working for you, or
  • The employment commencement date in other circumstances

Check Out the Financial Capacity You Have to Satisfy

You have to convince the Department of Home Affairs that you have the adequate financial capacity to offer the nominee a decent salary for a 2-year full-time job role. For a Subclass 186 Visa nomination, you will also need to meet the following employer requirements.

  • The terms and conditions specified on the contract must be the same as what you would have offered to an Australian permanent resident or citizen for a similar job role in the same office at the exact location.
  • The salary should also be the same as what you would have offered to an Australian citizen or PR for the same job role.

To calculate the market salary to offer to the overseas employee, you must consider the following factors.

  • Any fair work instrument, transitional instrument, or state or territory industrial instrument applicable to Australian PRs or citizens in the same office
  • Information related to fair work instruments, statutory minimum entitlements, state or territory industrial instruments, and transitional instruments applicable to Australian PRs or citizens in the same office
  • Local knowledge
  • Labour market information such as the Australian Government’s Job Outlook. Remuneration surveys, the ABS Employee Earnings and Hours survey, and advertisements for job vacancies

Also, note that the market salary rate should be more than the Temporary Skilled Migration Income Threshold (TSMIT), the current value of which is $53900.

Things to Check While Nominating an Employee Under the Temporary Residence Transition Stream

If you want to nominate your employee under the Temporary Residence Transition Stream, make sure they satisfy the following criteria.

  • They must have held the Medium-Term Stream under the TSS 482 Visa or a Temporary Work (Skilled) Visa 457.
  • They should have worked as a full-time employee for your company. While holding the visa for at least 3 years of the past 4 years before you have nominated them.

What Are the Visa Conditions the Holders Have to Comply with?

There are certain 186 Visa conditions your employee has to comply with.

  • If they are not present in Australia when the visa decision is made. They have to enter before the deadline as specified in their visa.
  • Also, they will not be allowed to marry before coming to Australia.

Be Aware of the Visa Processing Time

The 186 Visa processing time will vary depending on the number of applications.

  1. The Direct Entry Stream takes about 7 to 10 months to get processed.
  2. It takes about 5-6 months for a Labour Agreement Stream to process.
  3. For the TRT Stream, the processing time ranges from 11 to 20 months.

Who Can Help Your Employee?

A registered migration agent Perth can provide valuable guidance for their application. Migration firms here are known for providing services for a range of Australian visas. Whether they want to hire a migration agent in Perth or a migration lawyer, these firms are the best place to go.

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