HECT Migration & Appeal Experts

186 Visa Success: Employer Nomination Scheme Visa Granted with Strategic Preparation

Case Summary

Background:

Our client was a growing Australian business seeking to sponsor a key overseas employee, Mr. L, for permanent residency through the 186 Employer Nomination Scheme visa (Direct Entry stream). While the employer was eligible to sponsor, they lacked experience with the department’s complex assessment criteria, particularly the stringent tests for Genuine Position and Labour Market Testing. The core challenge was to ensure a successful application on the first attempt, avoiding potential refusal or lengthy requests for further information that could disrupt business operations and employee stability.

Taking Over the Case:

We understand that success in a 186 visa application hinges on meticulous attention to detail and precise interpretation of policy. Our registered migration agents undertook a systematic approach:

  1. Comprehensive Diagnosis & Strategy: We conducted a thorough assessment of the employer’s business size, organizational structure, and the necessity of the nominated position to ensure full compliance with immigration regulations.

  2. Meticulous Document Preparation: We guided the employer and Mr. L in preparing a well-structured, evidence-strengthened application package, focusing on:

    • Proof of Genuine Position: Detailed organizational charts, financial documents, evidence of labour market testing, and a compelling submission letter logically arguing the ongoing need for the role within the business.

    • Proof of Employee Competence: Meticulously collated Mr. L’s educational qualifications and employment history evidence to demonstrate a strong alignment between his skills and the nominated occupation.

    • Compliance Review: Ensuring the employer’s offered salary met the Market Salary Rate and all obligations under Australian workplace law.

  3. Risk Pre-emption: We anticipated potential questions from the assessing officer and proactively addressed them within the main submission letter, minimizing the likelihood of a subsequent RFI.

Successful Outcome:

Through our professional handling, the 186 nomination and visa application were lodged seamlessly. After standard processing, the Department of Home Affairs granted both the nomination and the visa with No Request for Further Information (RFI). This outcome efficiently resolved the client’s core needs, securing a key talent for the business and realizing Mr. L’s dream of Australian permanent residency.

Highlight Summary
The success of this case was not incidental but the result of our meticulous preparation and strategic thinking. By focusing the argument on employer compliance and position genuineness, we constructed a solid and credible application that gained the case officer’s approval. This case typically demonstrates our professional process in handling Employer-Sponsored Visa applications and our ability to navigate complex requirements, providing significant reference value for clients with similar profiles.

Visa Grant Notice
The approval notice for a 186 Employer Nomination Scheme permanent visa granted by the Department of Home Affairs.

Case Study Disclaimer
All case studies shared in this website are based on real client matters handled by HECT Migration & Appeal Experts. To protect the privacy of our clients, all identifying details such as names, locations, occupations and personal circumstances have been altered or omitted. Only core legal and strategic aspects relevant to the visa outcome are presented. These case studies are provided for general information purposes only and should not be interpreted as individual advice. Please do not attempt to identify or compare yourself with any case discussed.