186 Visa Direct Entry Stream Requirement

The 186 Visa is a Temporary Residence Transition (TRT) visa for skilled workers who are sponsored by an employer in Australia. It allows foreign workers to live and work in Australia permanently.

Here are the main rules and requirements for the 186 visa:

1. Eligibility Requirements

To apply for the 186 visa, you must meet these general criteria:

• Sponsorship: You need to be sponsored by an Australian employer who is willing to offer you permanent employment.
• Nomination: Your employer must nominate you for a position that is on the relevant occupation list.
• Age: You must be under 45 years of age at the time of applying, unless you have specific exemptions (like holding certain qualifications or meeting skill/experience requirements).
• English Proficiency: You need to meet a minimum level of English language proficiency, generally at the competent level (IELTS 6.0 or equivalent).
• Skills Assessment: A positive skills assessment is often required, depending on the occupation. This verifies that you have the necessary skills for the role.
• Health and Character: You must meet health and character requirements, which typically include undergoing a medical examination and providing a police clearance certificate.
• Work Experience: Typically, you should have at least 3 years of relevant work experience in the occupation you’re being nominated for.

2. Streams of the 186 Visa

The 186 visa has three different streams you can apply under, depending on your situation:

a) Temporary Residence Transition (TRT) Stream

• This stream is for individuals who have worked in Australia on a subclass 457 visa or subclass 482 visa (Temporary Skill Shortage visa) for at least three years with the same employer who wants to sponsor you for permanent residence.
• You must meet all eligibility requirements, including work experience and skills assessment.

b) Direct Entry Stream

• This stream is for individuals who have never worked in Australia or have worked in Australia for less than 3 years.
• You can apply directly for the 186 visa if your occupation is on the Skilled Occupation List (SOL) or Consolidated Sponsored Occupation List (CSOL).
• A skills assessment is usually required for this stream, and you need to show that you have the qualifications and experience necessary for the nominated occupation.

c) Labour Agreement Stream

• This stream is for workers who are nominated by an employer under a labour agreement with the Australian government.
• The employer must have a formal labour agreement in place to hire foreign workers for specific roles.

3. Application Process

1. Employer Nominates: Your employer must submit a nomination application to the Australian Department of Home Affairs. This involves demonstrating that the position is genuine and that they are offering you employment.
2. Visa Application: After the nomination is approved, you can apply for the visa. You must include:
   • Personal information
   • English language proficiency results
   • Evidence of your qualifications and work experience
   • Medical and police clearances
   • Proof of the job offer and employer sponsorship
3. Wait for Decision: Once the application is lodged, the processing times vary but can take anywhere from a few months to more than a year, depending on the complexity of the case and the stream under which you’re applying.

4. Key Benefits of the 186 Visa

• Permanent Residency: This is a permanent visa, allowing you to live and work in Australia indefinitely.
• Family Members: Your partner and dependent children can be included in the application, and they can also live, work, and study in Australia.
• Work Flexibility: Once granted, you have the freedom to work with your sponsoring employer or seek employment with a different employer in the same occupation.
• Pathway to Citizenship: After living in Australia for a period, typically 4 years, you may be eligible for Australian citizenship.
• Social Security: As a permanent resident, you’re eligible for Australia’s social security benefits, healthcare (Medicare), and other public services.

5. Exemptions to Age Requirement

• Certain occupations: If you’re applying under an occupation that has been recognized as highly skilled and in demand, you may be able to apply even if you are older than 45.
• Held certain visas: If you held certain temporary work visas (like 457 or 482) before turning 45 and have worked for the same employer for a specified period, you may still be eligible.

6. Processing Times and Costs

• Processing Times: Typically, the processing time for the 186 visa can vary from a few months to over a year, depending on the stream.
• Costs: The cost of the visa varies depending on the stream but usually starts around AUD 4,240 for the primary applicant.

7. Obligations

• Stay Employed: After being granted the 186 visa, you need to remain employed with the sponsoring employer in the nominated position for a reasonable period (usually a minimum of two years).
• Update Details: You must inform the Department of Home Affairs of any significant changes to your employment or personal situation.

If you’re considering applying, it’s a good idea to consult with a registered migration agent to make sure you meet all the eligibility requirements and can navigate the process smoothly.