n Employer-Nomination Scheme Visa 186 Success Story: Overcoming Age Limits

In the intricate world of Australian immigration, each case presents unique challenges and opportunities. Today, we share a success story that exemplifies our commitment at NB Migration Law to guide our clients through the complex journey of visa applications. Our client, who hails from a European background and is over 60 years old, recently achieved a remarkable milestone - the grant of a Visa 186 through the Employer Nomination Scheme (subclass 186) with an age exemption.

Background of the case

Our client initially entered Australia on a Subclass 457 Temporary Employer-Sponsored visa and had been living and working onshore. Throughout this period, he diligently worked for his employer and was accompanied by his wife, making Australia their second home.

Meeting the Requirements

To qualify for the Temporary Residence Transition Stream under the Subclass 186 visa, certain prerequisites must be met:

• Visa History: Applicants must hold a subclass 457, TSS, or related Bridging visa A, B, or C.
• Work Experience: A minimum of three years of full-time work with the sponsoring employer while holding a subclass 457 or TSS visa.
• Nomination: Nomination by an Australian employer whose nomination was approved within the six months prior to application.
• Eligibility: Eligibility extends to TSS – short-term stream visa holders who possess relevant work experience.
• Not have had a visa cancelled or a previous application refused: Your immigration history will be taken into account during the decision-making process for your application.

Please be aware that if you have a history of visa cancellations or refusals, it may impact your eligibility for this visa.

Employment Duration:

Moreover, the sponsoring employer must have sponsored the applicant for full-time work on a subclass 457 or subclass 482 visa for at least three of the four years before nominating them for the Subclass 186 visa. In cases where the applicant held a subclass 457 visa on 18 April 2017, the requirement is reduced to two out of three years.

Additionally, if an applicant experienced temporary stand-downs, unpaid leave, or reduced hours due to COVID-19 and related restrictions, these periods can still be counted towards the employment duration, provided the employer offers evidence that the employment was not terminated.

Age Exemption: A Key Factor

Our NB Migration Law Lawyer and Associate, Kiska Li, recognised that our client met specific criteria for an age exemption. With this insight, NB Migration Law lodged the Employer Nomination Scheme (subclass 186) Visa application in October 2022. Our client successfully met all the remaining criteria, including English language proficiency, health and character requirements, relevant work experience, and skills. Furthermore, he received the nomination from his employer, who had previously sponsored his temporary work visa.

The Pathway Ahead

The pathway for the Temporary Residence Transition stream remains accessible until 1 July 2024, having commenced on 1 July 2022. For more detailed information about the Temporary Residence Transition Stream, you can visit the Australian Government's Department of Home Affairs website here.

Successful Visa Outcome

We are thrilled to announce that our client's Visa 186 was recently granted without any additional information requested. The NB Migration Law team takes immense pride in this achievement, and it exemplifies our dedication to navigating the complexities of Australian immigration law on behalf of our clients.

If you believe you might be eligible for the Employer Nomination Scheme (subclass 186) Temporary Residence Stream or have any questions regarding your migration journey, please do not hesitate to reach out to us. At NB Migration Law, we are committed to finding a way forward for each of our clients. Your success story could be the next one we proudly share.