If your employer has a labour agreement with the Australian Government, you may be wondering whether it can lead to permanent residence. The Labour Agreement stream of the Employer Nomination Scheme visa (subclass 186) can offer that path, but it depends heavily on what your employer's agreement says. This article explains how the stream works and which requirements come from the agreement itself.
The agreement must include permanent residence
Home Affairs states that permanent residence is only available through this stream if it has been included as an option in your employer's subclass 457 or subclass 482 labour agreement. Not every labour agreement includes it. If yours does not, this stream will not be open to you under that agreement, even if you have worked for the employer for some time.
You must also currently work, or be preparing to work, for your nominating employer, and that employer must be a party to the labour agreement.
Your age
Under the Migration Regulations, you meet the age requirement if you were under 45 when you applied. If your labour agreement sets an age concession, you can also meet it by not having reached the age set out in the agreement. Under that option, you must still be under that age when the visa is decided, not only when you apply.
Skills, qualifications and English
For this stream, much of what you need to show is set by the labour agreement rather than by one general rule. The Regulations say you must have the qualifications, experience and other attributes the agreement specifies for the occupation and for the visa. The same applies to English. You must meet any language test requirements, and show your English in the way the agreement specifies, if it sets these. The agreement can also set out how your skills for the occupation must be shown, which may include a skills assessment.
Because these settings differ from one agreement to another, two workers in similar jobs at different businesses may face quite different requirements.
The agreement does not cover everything. Home Affairs also states that you must be licensed, registered or a member of a professional body if this is mandatory in the state or territory where you intend to work, and that you must meet its health and character requirements.
The nomination and the position
Your employer must nominate the position for you. Under the Regulations, the nomination must be approved and must not have been withdrawn, and the position must still be available to you. The terms and conditions of your employment must also be no less favourable than those provided, or that would be provided, to an Australian citizen or Australian permanent resident doing equivalent work in the same workplace and location.
If you hold a regional provisional visa
Extra rules apply if, when you apply, you hold a regional provisional visa, being the Skilled Work Regional (Provisional) visa (subclass 491) or the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494), or if one of those was the last substantive visa you held. In that case, you must have held the visa for at least three years when you apply, unless your labour agreement specifies a shorter period.
Home Affairs also states that if you are in Australia, you must hold a substantive subclass 457 or 482 visa issued under a labour agreement. If you are in Australia on a different visa, such as a 491 or 494, check with us how this applies to you before you apply.
The Regulations also allow for other circumstances to be set out in a separate instrument. If you hope to rely on any exception other than a shorter period in your agreement, get advice before you apply.
Questions to ask your employer
A good first step is to ask your employer whether their labour agreement includes permanent residence, and which age, skills, qualifications and English requirements apply to your occupation. Knowing these details early helps you plan your timing and gather the right documents. We can review your eligibility with you before you or your employer take the next step.
Read about the Employer Nomination Scheme visa (subclass 186)
Read what workers need to know about the 482 Labour Agreement stream
Official sources
Read the Home Affairs page for the subclass 186 Labour Agreement stream
Read the Migration Regulations on the Federal Register of Legislation
To talk about your situation, Book a Consultation from the top of this page, or message us on WhatsApp on +61 478 278 410.
General information only, not legal advice. EMC Australia, MARN 1800335.
Book a Consultation
General information only, not legal advice. EMC Australia, MARN 1800335.