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

Evidence of operation

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

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

The role is genuine or ‘real’

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

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

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.