This financial year’s State Nomination and subclass 189 have reignited the immigration hopes of many applicants in IT, accounting, engineering and other common occupations who sit in the mid-to-low points range. However, both State Nomination and 189 are invitation-based, with the timing, points threshold and frequency entirely controlled by the federal or state governments. The next round of invitations could be a pleasant surprise, or it could be anyone’s guess.

For example, since late last year many applicants have kept asking, “When will the next 189 round be issued?” — the truth is, none of us actually knows the answer. That said, the cost of lodging a 189 EOI is low, so it’s not unreasonable to submit one and wait.

If your points aren’t very high but you have a stable job and want to stay where you are — without moving around chasing migration — don’t forget that this financial year there’s still Employer Sponsorship.

Today we’ll focus on the 186DE (Direct Entry PR employer sponsorship) and the lower-threshold 482 TSS!

If you have sufficient work experience — 186DE direct to PR

Stay where you are, keep your well-paid job. No points race! No queuing! No competition! Stable approvals and visa grants.

The largest category in skilled migration — this year’s 186 grant quota

Employer sponsorship — the category the government has backed consistently for years.

Last year, more than 26,000 subclass 186 visas were granted, making up nearly 30% of the skilled stream, exceeding the original quota by 4,000. Lodgements and grants both grew steadily compared with the previous year, and the grant rate remained high.

This year, something many people have overlooked: subclass 186 has a grant quota of 35,000 this financial year — more than 189/190 and 491 combined, reflecting Australia’s consistent support for employer sponsorship. Especially in the post-pandemic skills shortage, 186 is one of the primary direct pathways to fill the gap.

Basic requirements for 186 applicants:

• Occupation must be on the MLTSSL (Medium and Long-term Strategic Skills List);
• Under 48 years of age;
• At least 3 years of full-time work experience in the nominated occupation (can be across different employers);
• Valid skills assessment;
• English at IELTS 6 in all four bands, or equivalent (valid for 3 years).

The 186 visa application is essentially a two-step process: the employer nomination application and the applicant’s visa application.

Recent successful 186 grants — you’ll see plenty of popular occupations!

Some readers will ask: I don’t have 3 years of relevant full-time work experience — I’ve only been in the role for a year or a year and a half, do I have a chance?

Yes — next, we recommend the lower-threshold 482 TSS. Read on.

Only around 1 year of work experience — 482 TSS

Although the 482 is a two-step pathway to PR, it has the following advantages:

• Grants are not subject to quota caps;
• Most occupations don’t require a skills assessment;
• Processing times are shorter;
• The policy is equally stable — no points race, no passive waiting.

Basic requirements for 482 applicants:

• Occupation must be on the MLTSSL (Medium and Long-term Strategic Skills List) or the STSOL (Short-term Skilled Occupation List) — some occupations on the ROL (Regional Occupation List) can also be used to apply for a 482 visa;
• No age limit;
• At least 2 years of full-time work experience in a field related to the nominated occupation;
• No skills assessment required (except for specific occupations);
• Occupations on the MLTSSL have a PR pathway;
• For MLTSSL occupations, English at IELTS 5 in all four bands, or equivalent (valid for 3 years);
• For STSOL occupations, English at IELTS overall 5 with no band below 4.5, or equivalent (valid for 3 years).

The 482 visa application is essentially a three-step process:

1. Standard Business Sponsorship application;
2. Nomination application;
3. Applicant’s visa application.

Recent successful 482 grants

Employer eligibility and employee work experience

The two most important conditions for employer sponsorship:

• The sponsoring employer;
• Their eligibility.

Eligibility is generally assessed on the following points:

Any adverse record

Whether the company has a clean record is a key factor. For example, if a business has previously been penalised — particularly in relation to employment/industrial matters — or previously held sponsor status but had it cancelled by the Department of Home Affairs for breach of sponsorship obligations, the situation becomes complex and the risk is high.

Annual turnover

Turnover refers to the company’s gross income. Many sponsored occupations require an annual turnover of at least AUD 1 million — accounting being the most common example. Of course, many occupations don’t have a hard turnover requirement, but the higher, the better.

Whether the company is profitable

When assessing employer eligibility, the Department of Home Affairs will consider whether the employer is able to continue operating and to pay all staff wages. If a company is in continuous loss, the Department may question whether it can sustain operations and whether its employees are at risk of redundancy or reduced hours.

Note, however, that some businesses are currently operating at a loss due to the pandemic — this does not automatically disqualify them from sponsoring. Such cases need to be assessed on their specific facts. Contact me for an individual assessment!

Ratio of local & full-time employees

When reviewing employer eligibility, the Department of Home Affairs will look at the visa status of existing staff and the number of full-time vs part-time employees. Having too few full-time employees — or too few local staff holding PR or Australian citizenship — is considered unreasonable.

Genuine need linking the business and the role

“Genuine need” refers to whether the company actually requires your role — this is a major focus of the Department’s review. The Department looks at the duties of the position, whether the role is newly created or has always existed, and whether it’s relevant to the company’s core business. Reasonableness is assessed case by case, and certain occupations impose specific requirements on the employer.

Applicant / employee — work experience

Can be full-time or part-time, but must be paid.

The work experience used for employer sponsorship is somewhat different from the experience used to claim skilled migration points.

• The work must be paid — internships do not count;
• Full-time means at least 38 hours per week; part-time work of at least 20 hours per week can be counted pro rata.

482

Experience is counted over the past 5 years, and the 2-year requirement only needs to be met before grant. The duties must still reach a certain skill level, but compared with 186 the requirements on the duties and role are not as strict — related occupations are acceptable, and experience can be pre-qualification.

186 (DE)

The 3-year experience requirement must be met before lodgement. The work must be in the nominated occupation and must be post-qualification.