186 Visa Direct Entry Stream

The 186 Direct Entry visa also called the Employer Nomination Scheme (ENS) visa, lets skilled workers live and work in Australia. This visa helps Australian employers fill skilled jobs with qualified migrants when they can’t find suitable local candidates.

Key Features

1. Permanent residency: The 186 Direct Entry visa gives you permanent residency in Australia, not just a temporary stay.
2. Nationwide opportunities: You can ask for this visa anywhere in Australia, including big cities like Sydney, Melbourne, and Brisbane.
3. Employer nomination: An Australian employer needs to nominate you for a specific job.
4. Full-time employment: The job must be full-time and last for at least two years from when you get your visa.
5. Occupation requirements: Your nominated job must be on the Medium and Long-term Strategic Skills List (MLTSSL).

Eligibility Criteria

To get the 186 Direct Entry visa, you need to meet these requirements:

1. Age: You can’t be older than 44.
2. English language skills: You need to show you’re good at English by:
   • Having a valid passport from the UK, USA, Canada, New Zealand, or Ireland
   • Getting the right scores in approved English tests (IELTS, OET, TOEFL iBT, PTE, or CAE)
3. Skills check: The right authority needs to assess and approve your skills for the job you want.
4. Job history: You should have at least three years of full-time work in your chosen job at the skill level they need.
5. Pay requirements:

• Your yearly pay needs to be at least AUD 82,980.68 (not counting non-cash perks)
  • It should be equal to or more than the yearly market pay rate (AMSR) for the job you’re going for.

6. Health and character: You need to meet the required health and character standards.

Direct Entry Visa Benefits

The 186 Direct Entry visa has several perks:

1. Permanent residency: Australia lets you live and work there without a time limit.
2. Family inclusion: Your eligible family members can join your visa application.
3. Access to healthcare: You get to use Australia’s public healthcare system (Medicare).
4. Education opportunities: Your kids can go to Australian schools and universities as locals.
5. Travel privileges: For five years after getting your visa, you can come and go from Australia.
6. Pathway to citizenship: After four years of living in Australia, you might qualify to apply for Australian citizenship.
7. No sponsorship restrictions: Unlike temporary visas, you’re free to switch jobs and aren’t tied to one employer.

To get the 186 Direct Entry visa, you and your boss must meet certain rules. Your boss needs to show they need to hire someone from another country and pay them the same or more than an Aussie worker. You can send in your nomination and visa paperwork at the same time, which makes things quicker.

Do note that this visa aims to bring top workers to Australia while making sure jobs are fair. If you fit the bill and an Australian company wants you, you can speed up your path to living in Australia for good with the 186 Direct Entry visa.

Employer Requirements

When you apply for a 186 Direct Entry visa, your employer needs to meet certain rules to nominate you for the job. These rules make sure the visa programme is used and help both Australian companies and skilled workers from other countries.

Business Operation

To sponsor you for a 186 Direct Entry visa, your employer must:

1. Run a legal business in Australia
2. Be able to employ you for at least two years
3. Show they have direct control over the job they’re offering you

These rules help to check that the business sponsoring you is real and needs your skills.

Genuine Need

The Department of Home Affairs puts a lot of weight on the ‘genuine need’ factor. Your boss must show that you’re needed to fill the job they’ve picked out. This matters even more now, after COVID-19, because the Australian government wants to make sure Aussies get jobs first.

To show there’s a real need, your boss should think about:

1. Putting the job ad on the Government’s Jobactive website or in other big national ads
2. Showing proof that business is picking up or they plan to grow
3. Explaining how the job fits into what the company does day-to-day
4. Making clear how the role helps keep the business running well or even makes it better

If your boss has done any of these things in the last year, they’ll need to show good reasons why:

• Let go of workers
• Cut down work hours
• Reduced wages and benefits
• Hired foreign workers with worse terms than Aussie staff
• Brought in more foreign workers than usual for the business

Job Specifics

The job your employer wants you to have must meet several requirements:

1. Work full-time and stay available for at least two years after your visa approval
2. Have a job listed on the current Medium and Long-term Strategic Skills List (MLTSSL)
3. Earn a salary that matches or surpasses the Annual Market Salary Rate (AMSR) for your chosen occupation
4. Get employment terms no worse than those given to Australians doing similar work in the same area

Keep in mind that the AMSR for your chosen occupation must be at least AUD 107,767.12 , not counting non-cash benefits. But if you earn over AUD 384,882.56 a year, you don’t need to meet the AMSR rule.

To back up your application, your employer needs to give:

1. A chart or paper showing how the business is set up
2. A full write-up about why the job is needed
3. Proof that current workers are doing extra hours to cover the empty job
4. Evidence that the job existed before and became open when someone left
5. Papers explaining why a worker from overseas can do this job

The Department of Home Affairs might ask for more details if they’re not sure the job is needed. By giving all the proof up front, you and your employer can speed up the application and boost your chances of getting a 186 Direct Entry visa.

Position Requirements

When you’re applying for a 186 Direct Entry visa, your nominated job must meet certain standards. These rules make sure the visa programme helps Australian companies and skilled workers from other countries. Let’s look at the main things you should know.

Occupation List

The job you’re nominated for has to be on the Medium and Long-term Strategic Skills List (MLTSSL). This list covers many different jobs, from CEOs and engineers to health workers and skilled trades. Each job on the list has:

1. An ANZSCO code
2. A specific authority that assesses it
3. Special conditions (if there are any)

For instance, a general practitioner (ANZSCO code 253111) undergoes assessment by the Medical Board of Australia (MedBA) and has specific applicable circumstances.

Some jobs on the MLTSSL might have extra requirements linked to pay, the kind of business the employer runs, or the nature of the role. If you’re not sure about your job’s eligibility, it’s best to get professional advice.

Salary Conditions

The pay requirements for the 186 Direct Entry visa aim to ensure fair compensation for skilled workers. Your position must meet these salary conditions:

1. Minimum Salary: You must earn at least AUD 112,616.64 per year, not counting non-cash benefits.
2. Annual Market Salary Rate (AMSR): Your pay needs to match or beat the AMSR for your chosen job. The AMSR equals what an Australian would get for doing the same work full-time for a year in the same workplace and area.
3. Exception: If you make over AUD 384,882.56 yearly, the AMSR rule doesn’t apply to you.

To figure out your salary specific types of payments can go into the Guaranteed Annual Earnings (GAE).

• Your base pay
• Money paid for you (like housing money given straight to a landlord)
• Agreed cash value of non-cash perks (such as health insurance)

Things that don’t count towards GAE:

• Unsure payments (like commissions, bonuses)
• Money paid back to you
• Required super payments

Your boss needs to show that your job terms and conditions aren’t worse than those of a similar Aussie worker. This might mean providing proof like relevant job awards or Aussie market pay data.

Length

The job you’re put up for needs to be full-time and open for at least two years from when your visa starts. This rule makes sure the visa programme backs long-term jobs for skilled workers in Australia.

These job rules aim to protect you and the Australian job market. They help make sure you’ll get fair pay for your skills and that your work will boost the Australian economy. Always look up the newest laws for the latest info on eligible skilled jobs and visa rules, as these can change over time.

Applicant Rules

To get the 186 Direct Entry visa, you need to meet certain standards. Let’s break down the main rules you have to follow:

Age Limit

You need to be younger than 45 when you submit your application for the 186 Direct Entry visa. But some exceptions exist to this rule. You might not have to meet the age requirement if:

1. An Australian university nominates you as an academic (university lecturer or faculty head at Academic Level A B C, D, or E).
   
2. An Australian scientific government agency or university nominates you as a scientist, researcher, or technical specialist at ANZSCO skill level 1 or 2.
   
3. You get a nomination as a medical practitioner and have worked in that job in a designated regional area of Australia for at least two years in the three years right before you apply as a subclass 457 or 482 visa holder. The nominated position must also be in a designated regional area.
   
4. As a subclass 457 or 482 visa holder, you have worked in the nominated occupation for the nominating employer for at least two years within the three years right before you apply. Your earnings for each year of that period were at least equal to the Fair Work High Income Threshold.

English Proficiency

Starting November 16, 2019, this visa stream no longer offers exemptions to the English language requirement. As the main applicant, you need to show competent English skills. You can prove your English ability in two ways:

1. Citizenship and Passport: You don’t need to take an English test if you’re a citizen with a valid passport from: British National (Overseas) passports can’t prove your English skills.
   • United Kingdom
   • United States of America
   • Canada
   • New Zealand
   • Republic of Ireland
2. English Language Tests: To prove your English skills, you need to get these minimum scores on one of these tests:

Test Minimum Score Needed

IELTS (Academic or General Training): At least 6 in each of the 4 parts

TOEFL iBT: at least 12 for listening, 13 for reading,
21 for writing, and 18 for speaking.

PTE Academic: At least 50 in each of the 4 parts

OET: At least B in each of the 4 parts

Cambridge C1 Advanced: At least 169 in each of the 4 parts

Your English test scores need to be valid when you apply for your visa. The test must be taken within 3 years before you submit your application.

Skills Assessment

To get a 186 Direct Entry visa, you need to have your skills assessed. Here’s what you should know:

Meeting these requirements is essential to getting a 186 Direct Entry visa. Make sure you have all the paperwork to prove you’re eligible in terms of age, English skills, and job qualifications.

Application Process

To apply for a 186 Direct Entry visa, you need to go through two main stages: the nomination stage and the visa application stage. Each stage has its own set of requirements and steps. Let’s break it down so you know what to expect.

Nomination Stage

The nomination stage kicks off your journey to get a 186 Direct Entry visa. Here’s what you should know:

1. Employer’s Role: Your employer starts this process. They submit a nomination application to the Department of Home Affairs (DOHA). This application is about the skilled job they’ve offered you.
   
2. Documentation: Your employer must give supporting papers to the DOHA. The type and number of these papers can change based on the company’s situation.
   
3. Skilling Australians Fund (SAF) Levy: Employers have to pay a one-time SAF levy for each subclass 186 nomination they submit. The cost depends on how much money the employer makes each year.
   • If an employer makes less than AUD 15.40 million a year, they pay AUD 4,618.59 per nomination.

• Employers whose yearly revenue reaches at least AUD 15.40 million: AUD 7,697.65 for each nomination

4. Payment in Advance: You need to pay the SAF levy when you submit the nomination.

Visa Application Stage

After you finish the nomination stage, you can start your visa application. Here’s what you should know about this part:

1. Timing: You can submit your visa application to the DOHA at the same time as your nomination application or within six months after the DOHA approves the nomination.
2. Main Criteria: The key requirement is that you meet all the criteria we talked about earlier, including health and character checks.
3. Skills Assessment: You need to have your skills evaluated before you submit your visa application. This evaluation should show that your qualifications and/or work experience are up to the standard needed for your nominated skilled job.
4. Assessing Authority: The DOHA has chosen a specific authority to assess each job on the Medium and Long-term Strategic Skills List (MLTSSL). The DOHA will accept evaluations done by the right authority to back up your visa request.
5. Validity: Make sure your skills assessment is still good when you apply. If it has an end date, it needs to be current. For assessments without a set end date, people think they’re good for three years from when they were issued.

Applying for a visa can be tricky and take a lot of time. You need to pay close attention to every step and follow all the rules. To boost your chances of getting approved, you might want to ask a registered migration agent or immigration lawyer for help. They can walk you through the process and help you avoid common mistakes.

Remember, the Department of Home Affairs recognizes the Traditional Custodians of Country across Australia and their ongoing ties to the land, sea, and community. They honor all Aboriginal and Torres Strait Islander peoples, their cultures, and their elders from the past, present, and future. This recognition shows how the Australian immigration system aims to be inclusive and respectful.

Job Position Criteria

Occupation Lists

To qualify for the 186 Direct Entry visa, your nominated job must appear on the current Medium and Long-term Strategic Skills List (MLTSSL). This list details:

1. The Australian and New Zealand Standard Classification of Occupations (ANZSCO) code for each job
2. Restrictions that rule out the use of the job in certain cases (applies to the ENS – Direct Entry stream)
3. The authority that evaluates skills assessments

Keep in mind that some jobs on this list might have extra rules, like salary requirements, the type of company you work for, or what your job involves. To get the latest info on which skilled jobs qualify, you should check the official rules for the visa program you’re interested in.

If you already have a skilled visa, changes to the job lists won’t affect you unless you need to apply for a new nomination because something in your situation has changed, like switching jobs or employers.

Full-time Employment

To be eligible for the 186 Direct Entry visa, the job you’re nominated for has to meet certain standards:

1. Full-time: The job needs to be a full-time role.
2. Duration: The position must last at least two years from when your visa gets approved.

This rule makes sure that the visa programme backs long-lasting job opportunities for skilled workers in Australia.

Salary Requirements

The pay conditions for the 186 Direct Entry visa aim to guarantee fair wages for skilled workers. Your job must meet these salary standards:

1. Minimum Salary: Your yearly pay must be at least AUD 112,616.64, not counting non-cash perks.
2. Annual Market Salary Rate (AMSR): Your pay needs to match or go beyond the AMSR for your chosen job. The AMSR equals what an Aussie would get for doing the same work full-time for a year in the same workplace and area.
3. Exception: If your pay tops AUD 384,882.56 per year, you don’t need to meet the AMSR rule.

When figuring out your pay, certain kinds of payments can be part of the Guaranteed Annual Earnings (GAE):

• Your basic pay
• Money paid for you (like housing money given straight to a landlord)
• Agreed cash value of things that aren’t money (like health insurance)

Things that don’t count towards GAE:

• Money you might not get (like sales cuts extra pay)
• Money given back to you
• Must-pay super bits

Your boss needs to show that your job deal is as good as what an Aussie worker would get. This might mean giving proof like job awards or info on what Aussies get paid for similar work.

Let’s say your job falls under a specific work agreement. This agreement will tell you the pay you should get. Your boss can give you more money than what the agreement says.

To show they’re following the AMSR rule, your boss can use Australian job market pay data, like Hays Salary Guides. This information should match your job and where you’ll work.

These job rules are there to protect you and Australian jobs. They make sure you get fair pay for what you can do and that your work helps the Australian economy.