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Subclass 186 Employer Nomination Scheme Visa Granted — First Attempt, No RFI

Visa TypeSubclass 186
CategoryEmployer Sponsored

Case Summary

A growing Australian business with no prior experience in employer-sponsored visa applications successfully sponsored a key overseas employee for permanent residency through the Subclass 186 Direct Entry stream — approved on first attempt with no request for further information.

Background

A growing Australian business sought to sponsor a key overseas employee for permanent residency through the Subclass 186 Employer Nomination Scheme (Direct Entry stream). While the employer was eligible to sponsor, they had no prior experience with the Department's complex assessment criteria — particularly the stringent requirements for Genuine Position and Labour Market Testing. The central challenge was achieving a clean first-attempt approval to avoid disruption to the business and the employee.

Challenges

  • First-time employer sponsor with no prior experience navigating the Genuine Position and Labour Market Testing requirements
  • Any refusal or request for further information would disrupt both the business operations and the employee's immigration status
  • The application needed to be fully decision-ready to avoid the risk of a prolonged information-gathering process

How We Helped

We conducted a thorough assessment of the employer's business size, organisational structure, and the necessity of the nominated position to ensure full regulatory compliance. We guided the employer and employee through preparing a well-structured, evidence-strengthened application package — covering detailed organisational charts, financial documents, labour market testing evidence, and a compelling submission letter arguing the ongoing need for the role. We also collated the employee's educational qualifications and employment history to demonstrate alignment with the nominated occupation, verified salary compliance with market rates, and pre-emptively addressed likely officer questions within the submission letter.

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Key Success Factors

  • Comprehensive position genuineness argument supported by organisational charts, financials, and labour market testing evidence
  • Detailed employment history and qualification evidence demonstrating strong alignment with the nominated occupation
  • Pre-emptive submission addressing likely officer questions, reducing the probability of any follow-up request
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Outcome

The nomination and visa application were lodged seamlessly and granted after standard processing with no request for further information. The outcome secured permanent residency for the employee and provided the business with stable, long-term access to the key skills it needed.

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