Employer Sponsored Australian PR

Direct Entry Stream

One of the most used pathways to get Australian permanent residence is with employer sponsorship under the subclass 186 visa, Temporary Residence Transition stream (“TRT”).  

However, with offshore processing currently the priority for the Australian government, overseas applicants who have an Australian job offer may also wish to consider the 186 visa under the Direct Entry stream.

Unlike the TRT stream, the Direct Entry stream does not require you to have worked for your employer in Australia for 3 years while holding a TSS 482 visa. However, you must nominate an occupation from the Medium to Long-term Strategic Skills List (“MLTSSL”).  

What this means is that anyone who is skilled in an MLTSSL occupation may still meet the requirements for Australian permanent residence, irrelevant of whether they hold a TSS 482 visa, or whether they have a history of having worked for the nominating employer in Australia.

The subclass 186 visa is a two-step application process that requires nomination from the employer. In this article, we talk solely about the requirements for the PR visa. More information about the employer’s requirements can be found here.

What is the Skill Requirement for Direct Entry?

There are number of requirements that Direct Entry applicants need to meet. The general skill requirement for Direct Entry is that you:

  • Have a positive skills assessment in that occupation, and

  • Have at least 3 years relevant work experience (full-time), or

  • Be exempt 

Who is Exempt from the Skill Requirement?

In applying for Direct Entry, you would be exempt from the above skill requirement if you are:

  • A NZ citizen holding a subclass 444 visa, or a NZ family member holding a subclass 461 visa, and have worked for your nominating employer in the nominated occupation for at least 2 of the last 3 years whilst holding this visa, or

  • An eligible University Academic, or Researcher or Scientist at an Australian government scientific agency

Skills Assessing Body Requirements

Those who are not exempt from the skill level requirement will need to meet the criteria set by the relevant skills assessing body assigned to the nominated occupation. These tend to vary between the occupations.

Some occupations and assessing bodies require applicants to provide a formal qualification as part of the assessment. Where applicants don’t already have a qualification, it might be possible to obtain one via a Recognition of Prior Learning (“RPL”).

Others might require applicants to demonstrate relevant work experience in addition to the formal qualification, or even on its own.

If the criteria for a positive skills assessment is not met, the Direct Entry skill level for Australian permanent residence cannot be met and other pathways will need to be considered.

Skills Assessment Validity Periods

Positive skills assessments are generally valid for 3 years however, some skills assessing authorities specify an expiration date and it is important for applicants to understand how this may impact their Direct Entry application.

A skills assessment letter that states it is valid for a certain period of time requires the Direct Entry application to be lodged within that timeframe and no more than 3 years following the date of issue. For example, a letter from the ACS specifying a 2 year validity period would need to be submitted with a Direct Entry application within that 2 year period. All other skills assessment letters would need to be submitted with a Direct Entry application within 3 years from the date of issue.

If the skills assessment letter has expired, lodgement of the Direct Entry application will need to wait until another positive skills assessment letter has been granted, unless the skill exemption can be met.

General Criteria – Direct Entry PR Applicants

In addition to skill requirement, applicants will also be required to:

Age Requirement

Be under 45 years of age at the time of lodgement unless they meet the above mentioned skill exemptions.

English Language Requirement

Have at least Competent English in a valid English language test, or be the holder of a passport from the UK, Ireland, USA, Canada, NZ.

If providing an English language test the results need to be no more than 3 years from the date of issue at the time of Direct Entry lodgement, and demonstrate scores equivalent to IELTS 6, or higher, in each band.

Character Requirement

Applicants for an Australian visa must meet the character test provided by section 501 of the Migration Act 1958. Examples of not meeting the character test include:

  • Having a substantial criminal record

  • Being deemed to be a danger to the Australian community

  • The Minister is satisfied that the character test is not met due to past and present criminal and general conduct

Many applicants are not aware that historic criminal charges from many years ago, including those removed from public record, must be declared in Australian visa applications and on Incoming Passenger Cards and may still be considered against the character requirement. The impact of not declaring can be severe and people have been caught out at the decision stage of their application - this can have devastating results on future applications as well as financial expenses.

If you are not sure how previous criminal charges could impact you, book in a consultation to discuss further.

Health Requirement

Applicants need to undergo health examinations and produce results that show they would not be considered a threat to the public health in Australia (e.g. active tuberculosis) or that their condition would not result in significant costs to the Australian community nor prejudice the access to health care by Australian citizens and Australian permanent residents.

If applicants do have significant health conditions, they may need to consider alternative pathways that do provide health waivers including the TRT stream or TSS 482 visas. Contact us to discuss further.

Conclusion

The Direct Entry stream can be a good option for getting Australian permanent residence if you can nominate an occupation from the MLTSSL but are unable to meet the TRT stream.

The Australian government announced that while it will still process onshore applications it will be giving priority to applications lodged offshore, in an effort to fill Australia’s skill shortage as quick as they can (processing times and priorities do change and will always be subject to change).

But, the biggest winners for anyone considering Australian permanent residence will be the eligible New Zealand citizens, eligible family members of New Zealand citizens and University Academics, Researchers, Scientists with Australian government scientific agencies, as outlined above, as they are exempt from having to meet the age and skill level requirements.

If you would like to get advice on how the Direct Entry stream may be a suitable option for you, please book a consultation. We will be able to explain how the entire process works including the skills assessment requirements and any exemptions relevant to you.

Josie Marr