Employers Must Submit Evidence of Genuine Need for Subclass 186 PR Visa

Employers who intend to nominate an international employee for ENS Subclass 186 PR Visa  will be expected to evidence that there is a genuine requirement for an employee to fill a certain place on a permanent and continuous basis.

This criterion applies to Stream Temporary Residence Transition as well as Stream Direct Entry respectively. The resembles to be a misunderstanding regarding this requirement, especially, that such evidence requires to come in the form of Labour Market Testing (comparable to the process of TSS employee sponsoring). The goal of this article is to explain this condition and provide advice in terms of evidence that could be given by an employer to the Department to acknowledge.

Temporary Residence Transition Stream (T.R.T.S.):

Viewing at the Policy selection for T.R.T.S., paragraph 5.19(5)(k) needs the nominator to have a real need to hire the individual to work in the place below their direct control.

Since the implementation of the T.S.S. visa, there is no longer an opinion or automatic right to a permanent residence pathway, there is a designated genuine requirement for the nominee to continue employed in the nominated place.

Direct Entry applications (D.E.):

The Direct Entry applications threshold is somewhat more significant given that an employee is primarily considered to be untested in the Labour Market of Australia by the Department.

Special Direct Entry Conditions are outlined below:

Perform actions to lead or help with the diversification

• Proof of proper market research

• Business strategies detailing recommended timelines and expansion

• Financial budgets including expenditure and expected revenue

• Proof of the funding availability (such as bank loans or own funds).

It is strongly recommended that Genuine Requirement for D.E. applications are backed by submission on behalf of the organization to assure that all aiding documentation is judged appropriately by the case officer.

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