186 Visa Australia: Proving the “Genuine Need” Criteria

If you are a employer who wants to appoint a foreign worker for the Employer Nomination Scheme subclass 186 visa then you need to present the evidence that there is an authentic requirement for a worker to occupy a specific position.

The Employer Nomination Scheme Subclass 186 visa is a permanent residence visa. This visa allows the employee to stay and work in Australia legally without any issues. The 186 visa Australia is for both who are staying and working in Australia as a temporary resident. This visa is important for a skilled worker who wants to live in Australia.

The visa 186 offers Australian permanent residency to skilled workers without any premise. Employer Nomination Scheme Subclass 186 is for a skilled worker without any point test. 

Processing time for Employer Nomination Schema Subclass 186 Visa:

Visa Type 75% of applications processed in 90% of applications processed in
Temporary Residence Transition 6 months 12 months
Direct Entry Stream 5 months 15 months
Labour Agreement Stream Not specified Not specified

Cost for Employer Nomination Schema Subclass 186 Visa

Visa Cost
Temporary Residence Transition Start From AUD 4,045
Direct Entry Stream Start From AUD 4,045
Labour Agreement Stream Start From AUD 4,045

The genuine requirement criteria are related to both the Direct Entry Stream and Temporary Residence Transition Stream.

TRTS (Temporary Residence Transition Stream):

For temporary residence transition stream, the nominee must hold any bridging visa A, B or subclass 457. The skilled employee must have worked full time for a minimum of 3 years. They must have suitable skills, experience, and qualifications for a TRTS. This stream is for a skilled employee whos is appointed by their employer and this stream permits to work and stay in Australia legally. A skilled worker can apply for this stream if he/she is under 45 years. 

Under the Temporary Residence Transition Stream, The registered employer (Nominator) required to present a genuine requirement to employ the employee to work for a specific occupation. The implementation of the TSS Temporary Short Skill visa, there is no secured pathway to permanent residency within Australia The Department of home affairs will consider the following while assessing the “ Genuine Requirement”.

  • Establish that there is a vacancy available for the nominated occupation.
  • Confirm claims made in the subclass 457/TSS assignment application relating to an authentic requirement where worries about their legitimacy exist.

There are different pieces of evidence that the Department of Home Affairs will consider and they can help address this measure.

  • The application form will provide the answers to several questions related to specific occupation and position. For instance business structure, length of employment, Number of foreign workers and industry sector.
  • Fund related yearly reports ought to furnish case officers with knowledge identifying with any expanded action inside the business. A private venture may consider including proof of any future development (for instance, new agreements and projects won).
  • The department of home affairs will also consider whether the denial of the appointment is likely to unfavourable impact the business.

Eligibility for temporary residence transition stream:

  • You need to fulfil health requirement
  • You need to fulfil the character requirement
  • Must be nominated by a registered Australian employer
  • Must have TSS, bridging visa or subclass 457
  • You must have worked for your nominator for at least 3 years

Direct Entry Stream

If nominee wants to apply for a Direct entry stream then they must have a minimum of 3 years of work experience in their occupation. The nominating worker must be actively and lawfully operating in Australia. The direct entry stream is the best option for an employee who is unable to meet the temporary residence transition stream requirement.

The Department holds Direct Entry candidates to a higher limit necessity as they are viewed as untested in the Australian Labor Market. The Direct Entry necessities are outlined below:

the case officer will be required to be satisfied that the business has the financial capacity and intention to help such business elaboration, considering into account any proof given like:

  • Proof of availability of funding (Statement of bank loan)
  • Market research
  • Business plan including deadline and expansion details
  • Financial budgets including future and present revenue
  • Proof of any lease or purchased equipment

Eligibility for Direct Entry Stream:

  • You need to fulfil health requirement
  • You need to fulfil the character requirement
  • Must be under 50 years of age
  • Must be nominated by a registered Australian employer

Contact Migration Agents Adelaide for more information and advice. Highly qualified and trained experts are always available for you and they will help you with the visa application.

  • JohnSmith

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