Australia Visa – Work – Employer Nomination Visa 186 – Labour Agreement Stream

1. What is the subclass 186 visa?


The subclass 186 visa is a permanent residence visa that allows skilled workers, who have been nominated by an approved employer to live and work in Australia. This visa is part of the Employer Nomination Scheme (ENS) and requires applicants to meet certain eligibility requirements such as having skills and qualifications relevant to an occupation on the Medium and Long-term Strategic Skills List (MLTSSL). It also requires applicants to be sponsored by an Australian employer. Once granted, this visa allows the holder to live, work and study in Australia indefinitely, as well as access Medicare and other social security benefits.

2. Who can apply for a subclass 186 visa?


There are two main pathways for applying for a subclass 186 visa:

1. Employer Nomination Scheme: This pathway is for skilled workers who have been nominated by an Australian employer to work in Australia.

2. Direct Entry Stream: This pathway is for skilled workers who have not been sponsored by an employer, but meet the requirements for one of the listed occupations on the Medium and Long-term Strategic Skills List (MLTSSL).

In both cases, applicants must also meet other eligibility criteria such as English language proficiency, health and character requirements, and any specific requirements set by the Department of Home Affairs.

3. What is the Labour Agreement Stream of the subclass 186 visa?


The Labour Agreement Stream of the subclass 186 visa is a pathway for skilled workers who have been sponsored by an Australian employer under a labour agreement. This stream allows employers in Australia to sponsor foreign workers for permanent residency if they cannot find suitable Australian citizens or permanent residents to fill their skilled position. The labour agreement must be negotiated and approved by the Department of Home Affairs before an application for this visa can be made.

4. What are the requirements for the Labour Agreement Stream of the subclass 186 visa?


The requirements for the Labour Agreement Stream of the subclass 186 visa vary depending on the specific Labour Agreement that has been negotiated between the employer and the Australian government. Generally, however, the following requirements must be met:

1. The employer must have a valid Labour Agreement with the Australian government.

2. The nominated occupation must be listed in the Labour Agreement and must be consistent with the tasks and duties outlined in the job offer.

3. The nominating employer must meet any specific requirements outlined in the Labour Agreement, such as demonstrating a genuine need for overseas workers and a commitment to training and upskilling Australian workers.

4. The nominated employee must meet any relevant licensing or registration requirements for their occupation in Australia.

5. The nominated employee must have at least three years of work experience in their nominated occupation or related field.

6. The nominated employee’s skills must align with those required by the position and by any relevant industry standards.

7. The nominated employee must meet English language proficiency requirements unless an exemption applies based on their passport, age, or salary.

8. The nominated employee must undergo a skills assessment by a relevant authority unless exempted under certain conditions specified in the Labour Agreement.

9. The nominated employee’s salary and employment terms and conditions must align with industry standards and meet Australia’s minimum immigration salary threshold (currently $53,900).

10. The employer must provide evidence of efforts to recruit Australian citizens or permanent residents before offering employment to overseas workers under the Labour Agreement stream.

11. Both the nominating employer and nominee employee must meet health and character requirements set by the Department of Home Affairs.

12. Any other specific conditions outlined in the Labour Agreement or by the Department of Home Affairs must also be met before a visa can be granted under this stream.

5. How long does it take to process a subclass 186 visa application under the Labour Agreement Stream?


The processing time for a subclass 186 visa application under the Labour Agreement Stream may vary depending on individual circumstances. On average, it takes around 12 months to process a subclass 186 visa application. However, processing times can be longer or shorter and are subject to change at any time.

6. Is there an age limit for applicants of the subclass 186 visa under the Labour Agreement Stream?


There is no specific age limit for applicants of the subclass 186 visa under the Labour Agreement Stream. However, all applicants must meet the general eligibility requirements for the visa, which includes meeting health and character requirements and having a job offer from an employer who is an approved sponsor under a labour agreement. The age limit may vary depending on the specific requirements of the labour agreement between the employer and the Australian government. It is recommended to check with your employer or registered migration agent for more information.

7. Can I include my family members in my application for a subclass 186 visa under the Labour Agreement Stream?


Yes, you can include your family members in your application for a subclass 186 visa under the Labour Agreement Stream. However, they must meet the eligibility requirements and be included in your Labour Agreement. Additionally, they must also meet the health and character requirements for the visa.

8. Do I need to have a job offer from an employer in Australia to be eligible for a subclass 186 visa under the Labour Agreement Stream?


Yes, to be eligible for a subclass 186 visa under the Labour Agreement Stream, you must have a job offer from an employer in Australia that has a Labour Agreement with the Australian government. This is because this stream is designed to address skill shortages in certain industries or regions of Australia by allowing employers to sponsor overseas workers for permanent residency. The job offer must also meet the requirements specified in the Labour Agreement.

9. Can I change employers after getting a subclass 186 visa under the Labour Agreement Stream?


Yes, you may change employers after getting a subclass 186 visa under the Labour Agreement Stream. However, you will need to meet certain criteria and obtain approval from the Department of Home Affairs before changing employers. This includes obtaining a new job offer in an occupation that is eligible under the labour agreement, and ensuring that your new employer is willing to sponsor your visa. You may also be required to complete additional documentation or undergo a new nomination process. It is recommended to consult with a migration agent or the Department of Home Affairs for more information and guidance on the process of changing employers on a subclass 186 visa.

10. What is a labour agreement and how does it affect my application for a subclass 186 visa under this stream?

A labour agreement is a formal arrangement made between an employer and the Australian government that allows the employer to recruit skilled foreign workers if they can demonstrate that there is a need for such workers in their business. Under this stream, if your employer has a labour agreement in place, it may affect your application for a subclass 186 visa as you will need to meet certain criteria specific to the agreement and your role within the company. For example, your occupation or salary may be subject to specific requirements set out in the labour agreement. It is important to check with your employer and immigration advisor about whether a labour agreement applies to your situation before submitting your visa application.

11. Do I need to have specific skills or qualifications to apply for a subclass 186 visa under the Labour Agreement Stream?


Yes, you will need to have the skills and qualifications specified in the labour agreement between your employer and the Australian government. The specific requirements may vary depending on the terms of the agreement, but generally you will need to have relevant work experience and/or formal qualifications that demonstrate your ability to perform the designated role. You may also need to meet any other criteria set out in the labour agreement, such as language proficiency or minimum salary requirements. It is important to carefully review and understand all eligibility criteria before applying for a subclass 186 visa under the Labour Agreement Stream.

12. Is there an English language requirement for this type of visa?


Yes, there is an English language requirement for this type of visa. Applicants must demonstrate proficiency in English through one of the following ways:

– Holding a passport from a majority English-speaking country (United States, United Kingdom, Canada, etc.)
– Taking an approved English language test and meeting the specified minimum score.
– Completing at least five years of secondary or higher education taught in English.
– Completing at least two years of tertiary education (undergraduate or higher) with all courses taught in English.

Applicants who are exempt from demonstrating their English proficiency include citizens of New Zealand and those who have completed all primary and secondary education in an English-speaking institution.

13. Can I switch from another type of Australian visa to a subclass 186 visa under the Labour Agreement Stream while I am in Australia?


It is possible to switch to a subclass 186 visa under the Labour Agreement Stream while in Australia, however, this will depend on your specific circumstances and eligibility for the visa. It is recommended to consult with an immigration lawyer or registered migration agent for personalized advice.

14. Are there any limitations on where I can work in Australia if I obtain this type of visa through my employer’s labour agreement?


Yes, there may be certain limitations on where you can work in Australia if you obtain a visa through your employer’s labour agreement. These limitations will depend on the specific terms and conditions of the labour agreement between your employer and the Australian government.

In general, your visa may be tied to a specific location or region within Australia, as outlined in the labour agreement. This means that you may only be able to work for your employer in that particular location or region.

Additionally, your visa may have certain restrictions on changing employers or working for other companies in Australia. If you wish to change jobs or work for another company, you may need to seek approval from the Department of Home Affairs.

It is important to carefully review the terms of your employer’s labour agreement and your visa before accepting employment and making any plans to work in Australia.

15. What is meant by “genuine need” on an employer’s labour agreement and how does it affect my application for this type of visa?


“Genuine need” refers to the specific and legitimate need for a foreign worker on an employer’s labour agreement. It means that the employer cannot find a suitable local candidate to fill the position, and therefore requires a foreign worker with specific skills, qualifications, or experience that are not readily available in the local labor market.

For your application for this type of visa, it means that you must have the necessary skills and qualifications that meet the genuine need of the employer as outlined in their labour agreement. The Department of Home Affairs will assess your application based on whether your skills and experience match the identified needs of the employer. This is to ensure that you are not taking job opportunities away from qualified and available Australian workers.

16. Is there any financial support required from my employer as part of their labour agreement obligations?

It depends on the specific details of your labour agreement. Some agreements may require financial support from your employer, while others may not have this requirement. It’s important to carefully review the terms of your agreement and discuss any financial obligations with your employer.

17. Am I allowed to bring any dependants with me if my application for a subclass 1886 visa under this stream is successful?


Yes, under the Business Innovation stream of the subclass 1886 visa, you are allowed to bring your spouse or de facto partner and dependent children with you to Australia. They will also need to meet the eligibility requirements and be included in your visa application.

18.The maximum period of time someone can hold this particular Visa

is For example, X knowing that his visa will expire on the 18th of the Month
could arrive in the new country a few days before and stay for a maximum of three months. So the maximum period of time for this particular Visa would be three months. In this case, X could stay until July 18th (assuming that’s the start date on the visa) and then must leave by October 18th at the latest.

19.What is the cost of applying for a subclass 186 visa under the Labour Agreement Stream?


The cost of applying for a subclass 186 visa under the Labour Agreement Stream is AUD $4,045 for the main applicant. Additional fees may apply for any dependent family members included in the application. However, this cost is subject to change and applicants should refer to the official Department of Home Affairs website for the most up-to-date information.

20. Can I apply for permanent residency through this visa without an employer’s sponsorship?


No, this visa does not lead to permanent residency on its own. You need an employer’s sponsorship through an Express Entry program or Provincial Nominee Program in order to apply for permanent residency in Canada.