August 6, 2024

186 visa checklist for employer

When preparing to nominate an overseas national for a Subclass 186 Employer Nomination Scheme (ENS) Permanent Residence visa, the employer/nominator will need to provide substantial documents to support the Employer Nomination application. The following is a comprehensive 186 visa checklist for employers:

• Contract of employment
• Position description for the role
• Evidence of payment of market rate/ annual market salary rate
• Evidence that the business is actively and lawfully operating a business in Australia (eg, provide business activity statements, etc.)
• Confirmation that there is no adverse information about the business, that the business is compliant with Workplace Health and Safety laws and Employment law.
• Evidence that there is a genuine need for an overseas worker/employee
• Financial Statements to evidence the financial capacity of the business
• Organisational Chart

Navigating the Employer Nomination Scheme (ENS) Permanent Residence visa application is a complex process and requires compliance with Australian immigration laws.

Contact us for advice and assistance with the Employer Nomination application process to ensure your application will meet the requirements under Migration Regulations and the Department’s Policy Guidelines. For a detailed 186 visa checklist for employers, get in touch with our experts today.

Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.

801 visa granted immediately

When it comes to getting your 801 visa granted immediately, certain conditions allow the Subclass 801 Partner visa (Permanent) to be granted without the standard two-year waiting period. Typically, this visa is assessed at least two years after lodging a Subclass 820 onshore Partner visa (Temporary).

However, in certain circumstances the waiting period may be waived, and the Subclass 801 Partner visa (Permanent) will be granted without the full two-year waiting period. 

Here are some scenarios where this may occur:

• If the visa applicant and the sponsor are in a long-term partner relationship. Long-term partner relationship would usually mean that the visa applicant and the sponsor have been in a genuine and continuing relationship for not less than 3 years. If there is a dependent child of the visa applicant and the sponsor, this will be reduced to 2 years.

• If family violence has occurred committed by the sponsor. It is however required that the family violence must have occurred while the relationship between the visa applicant and sponsor was still in existence.

If you do not effectively plead or evidence your request for a 1-step subclass 801 grant, you will not automatically receive it! As such, reach out to us regarding your Partner visa application today, so we can help with the most appropriate strategy for you. For advice on getting your 801 visa granted immediately, contact us now.

Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.

Understanding the Protection Visa Processing Time

When considering the Protection Visa processing time, it’s essential to understand the complexities and challenges associated with the Australian protection visa (subclass 866). This visa is designed for individuals who face genuine risks of significant harm or persecution in their home countries, allowing them to live permanently in Australia. It is not intended for those seeking to extend their stay in Australia for work purposes. Unfortunately, the processing time for this visa is exceedingly lengthy, with applicants often waiting over 1000 days – almost 3 years – for a decision from the Department of Home Affairs.

This prolonged processing period places vulnerable asylum seekers in a state of uncertainty, hindering their ability to establish stable lives in Australia. The delays, which separate families and obstruct employment opportunities, can have severe consequences. Meanwhile, the backlog of cases keeps increasing.

To shorten the processing time, the Australian government has implemented significant changes, resulting in a dramatic acceleration in processing times. Under the new changes, most new applications for a Protection visa are now being decided almost 8 times faster compared to recent years. 

This expedited process serves a dual purpose. Firstly, it provides faster relief and security to those who are truly at risk, allowing them to begin their new lives in Australia without prolonged uncertainty. Secondly, it deters those who might exploit the Protection visa system to extend their stay in Australia for non-protection reasons, such as employment.

The statistics underline the strict application of the Protection visa criteria. More than 90% of applications are refused because they do not meet the necessary requirements. In fact, for some nationalities, the refusal rates are close to 100%. This high rate of rejection reflects the rigorous assessment process that ensures only those in genuine need of protection are granted visas, but also the extent to which the Government considers there to be non-genuine claimants.

These changes have been a crucial step in streamlining the visa application process, making it more efficient and effective. The rapid processing of Protection visa applications highlights Australia’s commitment to providing timely support to individuals facing significant threats while maintaining the integrity of its immigration system.

If you are considering applying for a Protection visa, it is crucial to seek professional advice to ensure that you receive the most accurate guidance tailored to your specific situation. Our migration agents and lawyers can help you navigate the complexities of the application process and improve your chances of a successful outcome in an environment where refusals are the norm. For more details on the Protection Visa processing time and to receive expert assistance, contact us today.

Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.

186 Visa Salary Requirements: How Much For Eligibility?

The answer, like most answers from a competent lawyer, is – it depends. Several factors determine the 186 visa salary requirements for applying.

Meeting the Income Threshold Specified by the Legislative Instrument

The first factor is the income threshold specified by the legislative instrument (IMMI 18/033). According to the latest version issued on 1 July 2024, the minimum salary requirement is $73,150 (note that this amount does not include your superannuation and your non-monetary rewards). You must have at least this amount of salary to apply for a 186 visa. However, this number is not static and can potentially increase every new financial year.

For example, before 1 July 2023, the threshold was $53,900. Many professionals could meet this minimum requirement. However, the figure increased dramatically during the 2023-2024 financial year, reaching $70,000. By 1 July 2024, the threshold had risen to $73,150.

What about the next financial year? How much will the salary threshold be for a 186 visa application? $80,000? $90,000? We do not know the exact answer, but we do know that the threshold is indexed and will increase again.

The key takeaway here is that to apply for a 186 visa, your salary must meet the minimum salary threshold, which may change every year.

Meeting the Market Salary Rate

Meeting the income threshold outlined in the legislation alone might not be enough to qualify for a 186 visa. Imagine you’re a single engineer earning $75,000 plus superannuation, and your company also covers your accommodation in Sydney. Life sounds pretty great, right? So, can you apply for a 186 visa now?

The answer is not a simple yes or no, but most likely, it’s a no. Why? Because migration law requires that your salary must be equal to or higher than that of an (actual or hypothetical) equivalent Australian worker in the same location. According to the latest Seek remuneration survey, the average salary for engineers is around $100,000 in Sydney. So, despite your comfortable package and your salary being above the income threshold mentioned in the previous section, you might still fall short of the required income for applying for the 186 visa.

Thus, to be eligible to apply for a 186 visa, your salary must be paid at least equivalent to that of Australian citizens or permanent residents in the same occupation and location.

Meeting the Caveat for Some Occupations

So, if I am a general manager and I have about $140,000 plus superannuation per year, and I live in Sydney, and my salary is about the same as Australian citizens and PR. In addition to that, I drive a fancy Benz. I am good enough to apply for a 186, right? Sorry, the answer is still unfortunately no.

Why? Because certain occupations have caveats, which are conditions or restrictions attached to visa requirements. For a corporate general manager applying for a 186 visa, there is a caveat regarding the salary of the occupation. A general manager’s annual salary must be above $180,001 for them to apply for a 186 visa.

Therefore, for some occupations, the visa applicant’s salary has to meet the income threshold, match the average salary of Australian workers of the same occupation in the same location, and meet any potential caveat requirements.

Meeting the Exemption Threshold for People Over Age 45

What if you’re over 45 and want to avail yourself of the age exemption for employer nominated permanent residence? That’s not a problem if you have been a subclass 457 or 482 visa holder, have been working in the nominated occupation for the nominating employer for at least 2 years during the 3 years ending immediately before you apply, and your earnings for each year of that period were at least as much as the Fair Work High Income Threshold (now $175,000). In this context, ‘earnings’ is a defined term so be extremely careful when structuring a remuneration package to overcome the age threshold.

Conclusion

The question is quite simple: How much should your salary be to be eligible for applying for a 186 visa? The answer is complicated, as 186 visa salary requirements vary. That is why it would be better to call Longton Migration to get the right answers.

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*