Employer Nomination Scheme (186) Visa Lawyers
It may get complex to cover up all the details involved in applying for a visa. Our experienced team of 186 Visa Lawyers will guide and assist you with every step so that you meet the requirements for the 186 visa for the success of your application. With our expertise, you need not worry about legal complexities but can focus on your future while we handle them.
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What is an Employer Nomination Scheme visa (subclass 186)?
The subclass 186 visa, more popularly known as the ENS visa, is a permanent residency visa that enables skilled workers to live and work in Australia indefinitely. This type of visa will be granted if the application of a potential employee is nominated by an approved Australian employer and meets additional requirements set by the Department of Home Affairs. This visa can lead to permanent residency and, provide long-term security for you and your family in Australia.
The subclass 186 visa offers several benefits, including the ability to live and work in Australia indefinitely, access to Medicare (Australia’s public healthcare system), the option to include eligible family members in the application, and the ability to travel to and from Australia for five years. Overall, the Employer Nomination Scheme visa (subclass 186) provides a valuable pathway for skilled workers to achieve permanent residency in Australia.
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How Do I Qualify for a Subclass 186 Visa?
Various key requirements have to be met for a Subclass 186 visa, including You must be nominated by an Australian employer who is an approved sponsor; you need to possess substantial relevant skills, necessary qualifications, and experience that the nominating position requires. You can make an application in any one of three streams: direct entry, temporary residence transition, or labour agreement.
Direct Entry Stream
The Direct Entry Stream is designed for those applicants who have never worked on a temporary visa or who have worked for a short time in Australia. For this stream, a nomination by an Australian employer is required, and the applicant must have a positive skills assessment in their occupation. In addition, the applicant must have at least three years of work experience in a relevant field, and his age must not be more than 45 years at the time of applying unless otherwise stated. Eligibility in this category is likewise determined by the satisfying language proficiency requirement in English.
Transition Stream
This stream is for individuals who hold a temporary visa, such as the Temporary Skill Shortage (TSS) visa (subclass 482), and have a nominating employer in Australia. For this stream to be activated, you will need the nomination of the same employer from whom you got your temporary visa and to show that you have spent three years working full-time in a nominated position with the nominating employer. Moreover, the applicant should be below the age of 45 at the time of application, unless exempt, and should possess the required levels of English. This subclass provides a clear way for skilled workers committed to their jobs in Australia to move from a temporary residence to a permanent residence.
Labour Agreement Stream
The Labour Agreement Stream is for applicants who are being sponsored by an employer under an Australian government labour agreement. To access this stream, clients must be nominated by an employer under a labour agreement with the Australian government, and the application must reflect the requirements specified within that agreement. The applicant must be less than 45 years of age at the time of the lodging of an application; this is to be disregarded in certain instances. Further, to be eligible for admission under this stream, there is a need to meet requirements that deal with English language proficiency.
Documents Checklist for ENS Visa 186
It is important that one invests good time in planning and preparing the proper set of documents that are required for a Subclass 186 Visa. The paperwork for this process plays a significant role and must be well-organized to maintain smoothness in the application procedure. Here is a list of the necessary documents that are to be submitted, along with detailed explanations of the same.
Proof of Identity
Proof of identity is the basic requirement of your visa application for 186. You must produce a valid passport that has to be up-to-date, with numerous blank pages that could accommodate visa stamps. Ensure that its validity is at least six months from the intended date of travel. Other than this, you may be asked to provide any other identification proof, such as a national ID card or birth certificate, that helps identify you as the person.
Sponsorship Documents
Sponsorship documents are the essential documents proving nomination by an Australian employer. Call this the letter of appointment, your hiring employer's nomination approval letters, detailing the position and confirming that you have been nominated for a position. The employer has to be an approved sponsor; the supporting letters refer to the evidence in favour of the appointment.
Character Assessment
You will have to provide a character check to confirm your eligibility for the ENS visa. This simply means you will have to provide all police clearance certificates from countries of 12-month-plus previous residence over the past 10 years. These should be of recent date and indicate that there are no criminal records against you. If you have been convicted or have any other legal problems, you will need to declare them and give as much information as would be needed.
Health Examinations
You have to undergo a medical check-up conducted by an accepted panel physician who will provide proof of your fulfilling the health requirements set by the Department of Home Affairs. Normally, the kind of medical examination may include a general health check, a chest x-ray, or perhaps other tests that are obligatory for your medical history and the specific requirements of your visa subclass.
Visa Application Charges
The next stages of the 186 visa application follow with the payment for visa application charges. These should be attached at the time one lodges their visa application. The amount of fees charged varies depending on your situation and how many applicants there are in your application. Make sure you check the appropriate fees from the Department of Home Affairs website and pay accordingly to avoid delays in your application process.
Benefits of Work Visa 186
This subclass 186 visa has several advantages that make it as very popular among skilled workers who wish to become permanent residents of Australia. Here are some of the benefits you and your family can get with this visa:
Permanent Residency for You and Your Family
Probably the greatest benefit connected with the 186 visa is permanent residency, not only for you but also for your family. This would, in effect, be living in Australia indefinitely due to the stability and security it provides. Moreover, permanent residence will grant you all kinds of services and rights that temporary visa holders cannot avail themselves of, therefore offering your loved ones a good standard of living.
Unrestricted Work and Study in Australia
An unlimited subclass 186 visa is a means to work and study anywhere in Australia. This flexibility allows you to find the best career opportunities available within your field without carrying the burden of restrictions that many other visa categories have. Furthermore, both you and your family are at liberty to enrol in any educational institution throughout Australia at any level, from primary schools through universities, without bearing any restrictions.
Access to the Medicare System of Australia
Pathway to Australian Citizenship
The 186 visa is a direct line to Australian citizenship; after completing your required residency, you can apply for citizenship. Australian citizenship confers extra rights in that it allows voting, getting an Australian passport, and enjoying full legal protection under Australian law.
Ability to Sponsor Eligible Relatives to Permanent Residency
For instance, as a subclass 186 offshore visa holder, one may sponsor eligible relatives to permanent residency in Australia. You can aid your family in relocating to Australia for the experience of sharing all the goodness in it. You will be able to help your relatives join you, and this will draw family bonding close; hence, this will mean a chance to establish and prosper in Australia.
How the Employer Nomination Scheme (186) Visa Works
The Employer Nomination Scheme visa, subclass 186, has two stages for processing: the nomination by an employer and the application for a visa. Understanding how each of these phases works is very important in ensuring that this application results in success. Our experienced Work Visa Lawyers are here to help you through each step.
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Nomination
First, during the nomination stage, your employer must lodge an application with the Department of Home Affairs for a nomination. They have to apply under the right stream, which could be either direct entry, transition, or labour agreement, depending on the factors that usually apply as a rule. The employer should correctly establish the requirement of hiring a competent worker to take up the post, together with satisfactory proof that the job is legitimate and relevant in light of the occupation lists. Moreover, they will have to provide evidence that the working conditions, including remunerations, will be by Australian requirements. Our 186 visa lawyers would assist your employer in the drafting and lodging of the nomination to ensure it meets all legal requirements.
Visa Application
After your nomination gets accepted, you can apply for a visa. In this step of the application process, you are obligated to lodge your visa application online through the Department of Home Affairs. At this stage, all necessary documents and evidence should be attached. Moreover, you will have to pay for your visa application, pass health examinations, and undergo police checks for health and character requirements. Once these steps are completed, you will need to wait for a decision on your visa application. Our expert visa lawyers can help you gather and prepare documents to ensure that your application is complete and accurate.
Here is Our Process For Work Visa Application
Consultation and Engagement
Start by arranging a meeting with the immigration lawyer who has expertise in this field, and they will give you customized assistance. They will perform an evaluation of your case and the complexities of the process, and they will acquaint you with the process. Upon the completion of the meeting, they will promptly send you an engagement letter or an agreement detailing the terms and conditions of your legal representation, so that all parties involved have a firm grasp on the commitment.
Preparation and Support
International marriage requires your lawyer to prepare a set of documents and to collect strong evidence that confirms your relationship. These proofs may include joint bank account statements, shared lease or mortgage documents, and personal statements from friends and family. This preparation stage is an essential element of the whole procedure, because the quality of application can provide a basis for a fair consideration.
Submission and Communication
This is the stage where you and your attorney file your application with the Australian Department of Home Affairs. They will review your paperwork and make sure it complies with all applicable laws and regulations. The lawyer will be working closely with the department and maintaining communication with you during this waiting period, which may be longer, and will give additional information.
Representation and Success
You may, for instance, be required to provide additional information or submit to an interview by the Department of Home Affairs. And if so, your lawyer will prepare you for this and represent you if the need arises. They’re the one who is there for you, and they are the ones who bring out the best in you so that they can better present you to the college. They will advise you on the outcome of the decision and would review the details to guide you on the best choice, may it be an appeal or new application.
Why Should You Choose Us as Your Lawyer for Visa 186?
The right Work Visa Lawyers will smooth and successfully process your subclass 186 visa application. There are several reasons why you should choose us; some of them are:
Expertise
The Work Visa Lawyers at CMI have years of experience in managing complex visa applications. We pride ourselves on ensuring that you meet all the requirements for a 186 visa and, more importantly, meet the deadlines. Our deep knowledge of the legal landscape helps us steer through the legal minefields in your application and provide you with the best chance of success.
Personalised Service
At CMI, we provide you with customized advice and support at every stage of the 186 visa process. Our approach is personalized to focus on your unique circumstances to present your application in as strong a way as possible. Whether it's document preparation or skill assessments, our 186 Visa Lawyers are dedicated to giving each matter the fine detail attention that you require.
Proven Success Rate
We have a very strong success record in 186 visa applications. Accomplished lawyers at our company have helped many clients realize permanent residency as part of their dreams. The success legacy gives you the confidence to expect delivery with a commitment to excellence in our legal services.
Total Support
From the consultation to the visa grant, we at CMI will be there to help you, be it for documents, skills assessments, or employer nominations. Our 186 Visa Lawyers will help you from the beginning to the end and make sure that your application is complete, which greatly increases your chances of getting approval.
Transparent Communication
We believe in open communication at each step of your application process. Our 186 Visa Lawyers will let you know everything, always explaining what is going on and what else is required to pursue your case. This clarity of knowing each step that needs to be taken will reduce your stress levels when seeking a visa application.
FAQs on Employer Nomination Scheme Visa (186)
How Long Does It Take for an 186 Visa to Be Approved?
The processing time for the subclass 186 visa may vary between 5 and 9 months, depending on the stream you fall under and how complete an application is. Using CMI will give you the best hopes of having your 186 visa requirements expedited through our visa lawyers in Sydney, ensuring no stones are left unturned that could lead to potential delays.
How Much Does a 186 Visa Cost?
The application fee for the subclass 186 visa is at least AUD 4,240 for the main applicant. Other family members will also be in your application, and thus additional fees will have to be paid. Other charges may include fees for health checks, police certificates, and biometric expenses. However, our Visa 186 Lawyers will elaborate on these costs and how best to handle the budgeting.
How Many Points Do You Need for a 186 Visa?
Unlike most other Australian visa options, the subclass 186 visa is not points-based. Applicants for this visa type must turn their attention toward adhering to a host of requirements that apply, including holding a valid nomination from an Australian employer, providing relevant work experience, and showing appropriate English ability.
Can I Include My Family in My ENS Visa (Also Referred to as 186 Visa) Application?
Yes. Of course, you can attach your family to your application for this type of visa. That includes your spouse, de facto partner, and dependent children. Our visa lawyers at CMI will help you compile and lodge requirements so that your family members are included in your visa application under the 186 subclass.
Do I Still Need to Work for the Same Employer After Getting 186?
While the subclass 186 visa is permanent, it is assumed that you will be working with the nominating employer for at least two years following the date when the visa has been granted. Our Work Visa Lawyers at CMI will be able to advise on the conditions of the 186 visa and help you understand your obligations under the ENS visa.
What happens to your visa if you get divorced?
Yes, you can apply for Australian citizenship. That is if you are on a subclass 186 visa. You do have to meet the residency requirements, however, which usually means you need to spend at least four years in Australia, 12 months of which as a permanent resident. Our visa lawyers in Sydney can guide you through the pathway from an 186 visa to Australian citizenship.
I Am in Australia and My Partner Is Overseas. Can I Add My Partner as My Dependent?
Yes, you can include your partner in your application for an ENS visa, even when they are overseas. You need to establish your relationship and meet the threshold of documentation. Our 186 visa lawyers at CMI will help you properly instruct and provide all the details necessary for the nomination of your partner.
How Long Does it Take to Get PR with an 186 Visa?
Getting permanent residency on a subclass 186 visa would typically take 5–9 months from lodging. This may vary depending on the stream you apply under and how complete your application is at the time of lodging. Our lawyers at CMI ensure that your application is complete, covering all aspects of the 186 visa requirements, hence speeding up your permanent residency.
What is the difference between 482 and 186 visas?
While the subclass 482 visa is temporary, allowing skilled workers to work in Australia for up to four years, the subclass 186 visa allows permanent residency. A transition from a 482 to a 186 is often completed by meeting further requirements, such as working with the same employer for a certain period. Our visa lawyers can help you through the transition process.
I Hold a Current Visa and Am in Australia. What If It Expires Before My ENS Visa Is Approved?
In case the current visa that is held by you expires before the distinctive possibility of an ENS visa being approved, a bridging visa, in this case, may be available, and this enables you to lawfully stay within Australia during the processing period for your 186 visa. Our 186 Visa Lawyers can help you further pursue the proper bridging visa to secure legal residency.
How does CMI Legal assist with the 186 Visa in Australia?
CMI Legal can provide you with complete assistance with Subclass 186 visa applications. Our Sydney-based expert visa lawyers offer personalized consultations, from the initial consultation to the final period of approval. We will ensure all the requirements for visa application 186 are covered, assisting you in preparing and supporting you through an employer nomination and skill assessment stages.
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Book a consultation
Our expert migration lawyers offer paid consultations to suit your needs—choose a quick 15-minute session for general advice or a comprehensive 45-minute session for in-depth discussion and tailored guidance.