186 & 187 Visa Exemptions

SUBCLASS 186 VISA (ENS)

This is a permanent visa for skilled foreign workers who have a nominating employer in Australia.

Applicants can be in or outside Australia when they apply for this visa.

DIRECT ENTRY STREAM

Applicants must have an occupation listed on the MLTSSL
Applicants must by nominated by an Australian employer
TEMPORARY RESIDENCY TRANSITION STREAM

457 to PR – 457 Visa holders who have been working for the same employer for two or three years
TSS to PR – TSS Visa holders who have been working for the same employer for three years

Learn More about the subclass 186 visa (ens)

English Exemptions

If you are applying for a 186 or a  187 Visa, you must meet the English requirements, unless you meet one of the below exemptions:

-> You are applying for the 187 RSMS Visa through the Temporary Residence Transition stream and have completed at least five years of full-time study in secondary or higher education where the medium of instruction was delivered in English. 

->You are applying through the Labour Agreement Stream and can prove that your english skills are suitable to perform your current occupation. This will be the same level of English as for the other visa streams outlined above unless otherwise specified in the labour agreement.

Age Exemptions

If you are applying for a 186 or a 187 Visa, you must meet the age requirements, unless, you meet any of the below exemptions:

-> You are applying through the Temporary Residence Transition stream and have been working for your nominating employer as the holder of a TSS or subclass 457 visa for the last three years and your earnings were at least $153,600 for each year over that period.

-> You are applying through the Temporary Residence Transition stream and are under 50 years of age and you 457 Visa was lodged prior to 18th of April 2017.

-> You hold a Special Category NZ visa (subclass 444) or New Zealand Citizen Family visa (subclass 461) and you have been working for the employer who nominated you for at least two years (excluding any periods of unpaid leave) in the last three years immediately before applying (Direct Entry stream only)

-> You are applying through the Labour Agreement stream and the relevant labour agreement allows for a person who has turned 45 to be employed.

Occupation age exemptions

-> You are a medical practitioner (ANZSCO Minor Group 253) applying through the Temporary Residence Transition stream and you meet all of the below:
• you have been working in your nominated occupation as the holder of a TSS or subclass 457 visa for at least three years immediately before applying for two of those years, you were employed in regional Australia
• the nominated position is located in regional Australia
• You are nominated as a senior academic by a university in Australia (Applies to Temporary Residence Transition and Direct Entry streams)
• You are nominated as a scientist, researcher, or technical (scientific) specialist at ANZSCO skill level one or two by an Australian government scientific agency (Applies to Temporary Residence Transition and Direct Entry streams)

Skill Exemptions

If you are applying for a 186 or a 187 Visa, you must meet the skill requirements, unless you meet any of the below exemptions:

Transitional Stream
• If you are applying for a Subclass 186 visa (ENS) or a Subclass 187 visa (RSMS) through the Temporary Residence Transition Stream, you will generally not need to have your skills assessed.

186 Visa (ENS)
You don’t need a skills assessment if:

• you currently hold a Special Category NZ visa (subclass 444) or New Zealand Citizen Family visa (subclass 461) visa, and have worked for the employer who nominated you, in the nominated occupation, for at least 2 years in the 3 years immediately before you apply
• If you are nominated as:
-> an academic by a university in Australia or
-> a scientist, researcher, or technical specialist by an Australian government scientific agency, including State and Territory government scientific agencies

187 Visa (RSMS)
You don’t need a skills assessment if:

• you currently hold a Special Category NZ visa (subclass 444) or New Zealand Citizen Family visa (subclass 461) visa, and have worked for the employer who nominated you, in the nominated occupation, for at least 2 years in the 3 years immediately before you apply
• your occupation was not listed on IMMI 12/096 Specification of Occupations and Assessing Authorities, or
• you obtained your qualification in Australia