Employer Nomination Scheme Visa (subclass 186)

The employer nominated permanent residency visa is for the skilled workers who have been nominated an employer.

The employer nomination scheme enables the employees in Australia to nominate the skilled workers from foreign to get permanent residency status.

It is a 2 step process. The applicant should firstly be approved by an Australian employer. Next, the application is made by the foreign worker.

The applicant might be outside the country during application. A, B and C criteria should be followed to get a valid visa.

The visa involves 3 sections

  1. Temporary residence transition section- this section applies to the visa holders under subclass 457, where the workers have workers for 2 years holding the said visa. The employer of these candidates might look forward to setting them permanently to a post for which they nominate them for permanent residency in the country.
  2. Direct entry section- this is where the employer nominates people who have been qualified in their work and have work experience of at least 3 years in the same occupation.
  3. The agreement section- this section is applicable to those labors where the employer has made a labor agreement.

Conditions to be fulfilled for permanent residency:

  • The business should be lawful and actively operated in the country
  • The business should have a genuine reason for nominating the skilled worker from foreign country
  • The applicant’s position after nomination should be occupied as a full-time position by that person for a minimum of 2 year time.
  • The applicant should get the salary at market salary rate itself.
  • The business which nominated the applicant should comply with the Australian laws and requirements.
  • There should not be any adverse information about the business or any associate of the business.

Employer requirements:

  • He should meet the training requirements
  • These training requirements should be fulfilled every year and get approved as a standard business sponsor before the employee’s nomination.

Other requirements for direct entry stream under this visa program

The business is required to meet the following criteria to become eligible for sponsoring an employee

  • The business should have been a trade in the country for at least a 12 month period.
  • It should have made enough contributions towards training the Australian workers.
  • The following 2 benchmarks should be met by the business:
  • Training benchmark A: this necessitates the expenditure of past one year to be 2 % of the payroll of the business in the industry training funds operating an identical business or industry
  • Training benchmark B: this necessitates the expenditure of past one year to be 2 % of the payroll of the business in training the residents of Australia.
  • The business should have been operating for more than 12 months. If it has been operating for less than one year, the business should prove the training plan made by the training benchmarks.

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