Subclass 186 (Employer Nomination Scheme) Direct Entry Checklist


Ariel Brott 2

PLEASE NOTE: These documents relate to general situations only, and each application will differ and may require different documents. If you are not sure about your personal circumstances we recommend you seek further advice.

Nomination

Requirement

 Documents and evidence required

Occupation requirements

Ensure the correct ANZSCO code is entered on both the Nomination and Visa application forms, and that the occupation is on the MLTSSL (approved occupation list).


Ensure all documents to address any caveats that apply to the application are provided.

Role requirements

A position description for the role, showing that the duties correspond substantially with the ANZSCO classification.

Offer of employment

  • 1
    Employment contract or offer of employment that adheres to the National Employment standards.
  • 2
    Letter from sponsoring employer confirming permanent and direct offer of employment (template provided here).

Evidence of operation

Evidence to show the nominating business is operating and trading in Australia. This could include:

  • A letter from a Chartered Professional Accountant (CPA) confirming the annual turnover for the business, assets and cash on hand (and if they are comfortable putting it in writing, that the business is viably operating and able to support the applicant in their employment).
  • Evidence of business registration
  • Financial statements, such as Profit & Loss and Balance Sheet. If the business has a low turnover or is running at a loss, you will need to provide additional documents to prove the business is viable.
  • Three recent BAS statements.
  • Tax return for the most recently completed financial year.
  • Full ASIC extract.
  • Bank statements showing cash on hand.
  • Lease agreement for current premises.
  • Service or supply contracts the business has with clients.
  • Any other documents you believe shows the business is actively operating.

Evidence of direct control

If the applicant is currently working for the sponsor, we recommend providing a pay slip showing the employing entity is the same as the sponsoring entity.


Otherwise, it needs to be clear that the employment arrangement (via the employment contract) is with the sponsoring employer.

Salary requirements

  • Evidence of salary over $53,900 (employment contract and pay slips if applicant is currently employed).
  • Evidence of the Australian ‘market rate’ for the role, to show that the applicant is being paid what an Australian would be in the same role. This could include:
  • Contracts for Australian employees in the same role.
  • External salary surveys (such as Hays, Robert Waters, or industry specific surveys).
  • Copies of SEEK adverts for comparable roles.
  • A letter explaining how the salary for the role was benchmarked for this particular applicant (referencing the evidence you are providing).

The role is genuine or ‘real’

  • An organisational chart showing how the role fits within the business.
  • Evidence to show how the role fits within the nature of the business. Evidence to show how the role fits within the size of the business. This could include:
  • Financial documents to show how the role directly impacts income.
  • A business plan to show future business growth.
  • Evidence of any service or product contracts managed by the person in the role.
  • Evidence of any future business or expansion.
  • If the role is at a management level, evidence that they are doing management duties and supervising staff. This could be:
  • Position descriptions for more junior roles.
  • Rosters and information regarding opening hours etc. to show how why more than one manager is required in the business.
  • Importance of the role – evidence of difficulty recruiting for the role, or skills shortages in your industry.

Visa Application

Requirement

 Documents and evidence required

Approved nomination

The Nomination must be lodged before the Visa application is lodged, and the Nomination must be approved before the Visa application is approved.

Visa conditions

Be sure the applicant isn’t subject to a ‘no further stay’ condition on the current Visa, if onshore in Australia.

Passports

Passports for each person included in the application.

Skill requirement

  • A positive skills assessment for the nominated occupation from the relevant skills assessing authority that is:
  • Valid (i.e. within the validity period listed on the skills assessment itself, or no older than three years old).
  • Appropriate for the 186 visa (i.e. not issued for a 485 visa).
  • Your CV or resume outlining in detail your education and employment history.
  • Copies of your Tertiary qualifications and academic transcript (i.e. all the subjects you passed as part of your course).
  • Evidence of three years of relevant experience, usually in the form of written references.

Age

Generally proven by provision of your passport.

English

Evidence of competent English (must be provided on lodgment).

Health

Health check completed at an approved panel doctor, completed within the last 12 months.

Character

Police checks from every country of residence for a period of 12 months or more over the last 10 years.

Licensing and registration

If licensing or registration is required to work in an occupation in Australia, evidence of the license or registration.

Family members

  • Evidence each person is a member of the family unit.
  • Marriage certificate (if legally married).
  • Evidence of defacto relationship for at least 12 months if not married (i.e. shared financial commitment, shared cohabitation).
  • Birth certificates showing both parents for biological children.
  • Custody documents for non-biological children.
  • Evidence of English – dependant family members who are 18 and over must show they have Functional English. This can be provided after lodgment.
  • All family members must complete health checks.
  • Family members over the age of 16 must provide police checks (as above).
Our many years of experience means we understand how the Department of Immigration, the Administrative Appeals Tribunal, and other decision-makers analyse applications; we understand where they exercise discretions and where they will not. We know which strategies work and which don’t. We know which information to provide, and which to ignore.

We also have access to resources and information outside the reach of the general public. As such, we know the difference between the law and what DIBP says is the law. When DIBP puts out a statement on their website, we know what they really mean. And when DIBP publishes a checklist, our lawyers know how to read between the lines.

Our experience and expertise means that we are often in a position to help people who, based on poor advice or inadequate representation, might otherwise have assumed their case is hopeless.