186 visa processing time in Australia

The Employer Nomination Scheme Visa (186)(‘ENS’) offers skilled workers a pathway to permanent residency in Australia, whether as current subclass 482 Temporary Skill Shortage (TSS) visa holders or highly skilled individuals new to the TSS program. Divided into three streams—Temporary Residence Transition (TRT), Direct Entry (DE), and Labour Agreement—the 186 visa provides permanent residency and indefinite stay. TRT stream applicants must have worked with their employer for a minimum of two years on a TSS visa, while DE stream applicants require a positive skills assessment and three years of relevant work experience. Australian Migration Lawyers can assist with the nomination process and visa application, ensuring all necessary documents are submitted for a successful outcome.

186 visa processing time in Australia

The processing times for visas can be highly variable due to multiple factors, making it challenging to predict accurately. Factors influencing the timeframe include the quality and complexity of the application and the Department's workload. Utilising the calculating tool on the Department of Home Affairs website can provide insight, although processing times may change over time. As of the present, processing times for different streams are as follows: 

For the Employer Nomination Scheme (subclass 186) Agreement Pathway:

• 50% of applications are processed within 81 days, while 90% are processed within 11 months.

For the Employer Nomination Scheme (subclass 186) Direct Entry Pathway:

• 50% of applications are processed within 3 months, while 90% are processed within 12 months.

For the Employer Nomination Scheme (subclass 186) Transition Pathway:

• 50% of applications are processed within 11 months, while 90% are processed within 15 months.

Throughout this period, you can monitor your application's status via your ImmiAccount portal and opt to receive notifications of any updates. Occasionally, the Department may request additional information, and timely response with all required documents is crucial for a favourable outcome. Once assessed, you'll receive notification of the decision. If successful, you'll be granted permanent residence in Australia under the Employer Nomination Scheme 186 visa, with specific conditions outlined in your ImmiAccount. In the event of a refusal, avenues for appeal through Australia’s Administrative Appeals Tribunal or the Federal Court may be available.

Departmental changes in 2024

Efforts to enhance visa processing times have been flagged as a priority in 2024, with a particular emphasis on recruitment to bolster departmental resources. The goal is to streamline application processing while upholding program integrity. These initiatives have already led to a reduction in the backlog of visa applications. Improvements in processing times have been notable, especially in temporary visa categories. 

However, certain visa programs, such as the Skilled (Permanent) category, continue to experience longer processing times due to the backlog of older cases. Efforts are ongoing to expedite processing for all permanent visas, with a focus on addressing both new and existing applications. Monthly fluctuations in processing times are expected as older applications are progressively resolved. 

Factors influencing processing time

The processing times for a 186 visa in Australia can be influenced by a variety of factors. Understanding these factors can help applicants better anticipate and manage their expectations regarding visa processing times. These include the complexity and quality of the visa application, the current workload of the Department of Home Affairs, and any changes in immigration policies or procedures. Additionally, the specific stream under which the visa application is lodged—such as the Direct Entry Pathway, Employer Nomination Scheme, or Temporary Residence Transition—can also impact processing times. Furthermore, the accuracy and completeness of the documentation provided, as well as any requests for additional information from the Department, can contribute to the overall processing timeline. 

When dealing with a 186 visa application or appeal, it's vital to be aware of the stringent deadlines in place. Initial applications might contain errors that need rectification or require additional documentation. For instance, authorities may request additional proof such as a further police clearance or medical examination. Failing to comply with these requests promptly could result in a visa denial. It's essential to maintain clear communication to ensure adherence to all Departmental requirements and enhance the chances of a favourable outcome.

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What documents should I prepare to support my application?

To demonstrate eligibility for an Employer Nomination Scheme (ENS) visa, substantial evidence is required, particularly regarding the two-year employment requirement under the Temporary Residence Transition (TRT) stream. Additionally, navigating the skills assessment process and meeting specific occupational requirements can pose challenges for visa applicants seeking permanent residency.

To assist you in preparing your application, we have crafted a comprehensive checklist for both visa applicants and sponsoring employers. Here's an overview of the documents you'll need to provide:

Identity Documents:

• Passport
• Marriage certificate (if applicable)
• Divorce/death certificate for previous spouse (if applicable)
• Proof of name change (if applicable)
• National identity card (if applicable)
• Birth certificates

Evidence of Skills & Experience:

• Current CV or resume
• Proof of relevant qualifications
• Skills assessment outcome (for Direct Entry stream)
• Evidence of registration or licensing (if applicable)
• Reference letter from former employers
• Proof of at least two years' employment with current employer on a Temporary Skill Shortage (TSS) visa (for TRT stream)

Nomination Documents from Employer:

• Signed employment contract
• Written reference letter (for TRT stream)
• Position details
• Salary details
• Evidence of genuine need for the employee (for Direct Entry stream)
• Proof of active and lawful operation of the business

Additional Requirements:

• Military service record or discharge papers (if applicable)
• Medical checks
• Police clearance certificates from former countries of residence
• English test results

How can an Australian Migration Lawyer help?

While the Department of Home Affairs maintains full discretion over visa processing, we cannot guarantee expedited processing. However, there are steps that can be taken to enhance the likelihood of a swifter process. Many working visa applicants often overlook important notifications sent via email or ImmiAccount, resulting in missed requests. To circumvent this, entrust Australian Migration Lawyers to manage notifications on your behalf, ensuring you are promptly informed and guided through necessary actions.

Understanding the requirements outlined in the checklist, particularly those pertinent to working visas such as the Temporary Residence Transition stream, can be overwhelming. The checklist may be extensive, encompassing various criteria, with language that may be perplexing, particularly for non-native English speakers. Our team of experienced Australian Migration Lawyers has handled numerous requests, guaranteeing clarity and providing appropriate responses.

Meeting the set timeframe for preparing and submitting requested information can pose challenges. Failure to comply may lead to application rejection. Our team is adept at assisting in submitting time extension requests based on your circumstances and ensuring accurate submissions, which are vital for satisfying Department requirements.

Navigating specific requirements for working visas, such as proving qualifications and experience, can be daunting. Australian Migration Lawyers play a pivotal role in clarifying expectations and guiding you through the process. In the event of unsuccessful submissions and visa rejections, our team is well-equipped to assist in appealing decisions to Australia’s Administrative Appeals Tribunal or the Federal Court.

Furthermore, we extend our support to Labour Agreement applications, aiding Australian employers in navigating the application process seamlessly. Our expertise ensures that well-prepared applications meet all eligibility criteria and include the necessary supporting documents, such as character documents, birth certificates, police certificates, and statutory declarations.

Upon successful visa approval, you will receive a bridging visa, allowing temporary entry while awaiting your Australian resident permit. This permit grants you the right to work and live in Australia indefinitely, fulfilling your aspirations of becoming a permanent resident.