Question of the Week
Subclass 482 visa or subclass 186 visa - what is the best option for me?
Category: Visa for Australia
Question asked
I'm in a 482 short-term visa (cook) about to expire in 2 months.
August last year, I got promoted to Sous Chef, but the employer did not upgrade my 482 visa to medium-term. I have now been a Sous Chef for my employer for a whole year while still holding a short-term 482 visa.
My employer just offered me to apply medium-term 482 visa sponsorship with my current visa's incoming expiration. I was thinking about the 186 visa ENS pathway, which would require 3 years as a Chef with my employer before being eligible for it.
I was wondering if we could claim that 1 year of being a Sous Chef to cut down the 186 eligibility to 2 years in this 482 medium-term visa.
Answer provided by Migration Agent
Dear N,
Thank you for your question.
Yes, you can get your experience assessed by the relevant skills assessment authority (TRA) and claim the years they assess positive as a chef. You can then consider Employer Nomination Scheme (subclass 186) (Direct Entry Stream). You still need 3 years of highly relevant experience to pass the skills assessment for 186 direct entry. The skills assessment body does not consider that you were on a 482 visa and sponsored as a Cook as long as you can prove you have worked as a Chef, you can get assessed for the occupation. Please note you need to get on another 482 visa until you meet the requirement. However, you can conduct the skills assessment to secure the one-year working experience as a chef. Please be advised we can assess your CV and help you with the skills assessment process.
Further, if you do get the positive skills assessment, you may consider general skill migration. For example, Western Australia.
The Western Australian skilled migration occupation list (WASMOL) lists occupations that are available for state nomination through the General Stream. The list has been recently expanded to include Schedule 1 and Schedule 2. The occupation of Chef is on Schedule 2. Requirements for occupations listed on Schedule 2:
- currently residing in Australia
- meet the relevant English language requirements
- as the occupation of Chef is an NZSCO Major Occupation Group 3, you will only need to show competent English
- must have a contract of employment for full-time employment in WA for at least 12 months
- demonstrate sufficient settlement funds
You may be eligible for state nomination in Western Australia if you find an employer there who can employ you for 12 months on a full-time basis.
Employer Nomination Scheme (subclass 186) (Direct Entry Stream)
The purpose of the subclass 186 visa is to allow Australian employers to fill highly skilled positions with suitably qualified migrants. The scheme is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market. The business seeking to employ you must:
- be actively and lawfully operating in Australia
- genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years
Read more about the Employer Nomination Scheme (subclass 186) visa
The position to be filled must be:
- be full-time and available for at least 2 years from the time your visa is granted
- be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL)
- have a salary that is:
- at least $53,900 per year (excluding any non-monetary benefits) AND
- at least the annual market salary rate (AMSR) for your nominated occupation
- be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
Thank you for your question.
Further, if you do get the positive skills assessment, you may consider general skill migration. For example, Western Australia.
The Western Australian skilled migration occupation list (WASMOL) lists occupations that are available for state nomination through the General Stream. The list has been recently expanded to include Schedule 1 and Schedule 2. The occupation of Chef is on Schedule 2. Requirements for occupations listed on Schedule 2:
Employer Nomination Scheme (subclass 186) (Direct Entry Stream)
The purpose of the subclass 186 visa is to allow Australian employers to fill highly skilled positions with suitably qualified migrants. The scheme is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market. The business seeking to employ you must:
- at least $53,900 per year (excluding any non-monetary benefits) AND
- at least the annual market salary rate (AMSR) for your nominated occupation
Please note that certain occupations on this list will be subject to additional requirements. You can check your occupation on the Skilled Occupation List to determine if any caveats are applicable to your nominated occupation.
- have competent English
- have your skills assessed as suitable for your nominated occupation by the relevant skills assessing authority
- have at least three years of full-time experience in your nominated occupation
- be under 45 years of age
- meet any mandatory licensing, registration or professional membership requirements
- satisfy the relevant health and character criteria
I hope this has helped. If you need you can ask for a clarification question through this service. Thank you for using Ask-An-Agent. If you need further services from myself you can always message me using the Ask-An-Agent messenger. You can also reach me by contacting Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.
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