At Kris Ahn Lawyers, we take pride in achieving exceptional results for our clients, even in the most challenging immigration cases. Securing permanent residency in Australia can be complex, especially for individuals facing visa expirations, breaches, and work experience challenges. In this case study, we helped a skilled tiler, unlawfully in Australia for four years, secure permanent residency through the 186 ENS (Employer Nomination Scheme Subclass 186 visa).
Background
Our client, a skilled tiler, first arrived in Australia in 2013 on a Working Holiday Visa and later transitioned to a Subclass 457 Temporary Work (Skilled) Visa in May 2017. However, after the 457 visa expired, the client became unlawful, as no action was taken to transfer sponsorship or apply for another visa. The client also breached visa conditions and lacked sufficient proof of work experience for a skills assessment.
At this juncture, the client sought our assistance. Recognising the case’s complexity, we developed a strategic pathway to permanent residency. Our team first secured a Protection Visa, granting lawful status and work rights via a BVC. We then helped the client obtain a Skills Assessment and successfully apply for the 186 ENS through Direct Entry, ultimately achieving PR.
Challenges
The client faced multiple legal and procedural challenges, including:
- Unlawful Visa Status
- The client became unlawful after the Subclass 457 visa expired.
- No visa transfer or sponsorship action was taken, leading to a breach of Australian migration laws.
- Breach of Visa Conditions
- The 457 visa required ongoing sponsorship, but the client’s redundancy led to a loss of sponsorship.
- The lack of new sponsorship prevented compliance with visa conditions.
- Insufficient Work Experience Documentation
- The client needed a positive Skills Assessment from Trades Recognition Australia (TRA), which required at least 3 years of full-time work experience.
- The client lacked sufficient documentation to prove work history for skills assessment.
Our Approach
To secure the Subclass 186 Visa, we implemented a three-stage strategy:
- Regularising the Client’s Stay in Australia
- Securing a Positive Skills Assessment
- Applying for the Subclass 186 Visa via the Direct Entry Stream
Strategy and Execution
Step 1: Regularising the Client’s Visa Status
To avoid further legal complications, we took immediate action to legalise the client’s stay:
- Helped the client to obtain a Bridging Visa C (BVC) with work rights.
- The BVC allowed the client to lawfully remain in Australia while accumulating required work experience.
Step 2: Meeting Skills Assessment Requirements
A successful Skills Assessment was essential for Subclass 186 visa eligibility. To meet Trades Recognition Australia (TRA) criteria, we:
- Assisted in obtaining a Certificate III in Wall and Floor Tiling via Recognition of Prior Learning (RPL).
- Ensured the applicant met the requirements of 3-5 years of full-time work experience.
- Collected essential documentation, including:
- Evidence of self-employment
- Tax returns
- Invoices and payslips
- Employment contracts, etc
These steps ensured compliance with TRA assessment criteria, strengthening the Subclass 186 visa application.
Step 3: Subclass 186 Visa Application (Direct Entry Stream)
Once the client secured a positive Skills Assessment, we proceeded with the Subclass 186 (ENS) visa application under the Direct Entry Stream. The key eligibility requirements included:
- Successful Skills Assessment in Wall and Floor Tiling
- Competent English proficiency (IELTS 6.0 or equivalent)
- Nomination by an Australian employer with genuine need of a wall & floor tiler
Processing Timeline:
- Subclass 186 Visa Lodged: 20 September 2024
- Subclass 186 Visa Granted: 3 February 2025
- Total Processing Time: Approximately 4.5 months
This result demonstrated efficient case management and timely documentation, leading to a successful visa outcome within a short timeframe.
Outcome
Through a strategic visa plan, the applicant successfully:
- Regularised visa status via a Protection Visa and Bridging Visa C
- Obtained a positive Skills Assessment from TRA
- Met all employment, salary, and sponsorship requirements
- Secured a Subclass 186 Employer Nomination Scheme (ENS) Visa, obtaining Australian permanent residency
Conclusion
This case highlights the complexities of transitioning from a lapsed visa to permanent residency. By implementing a structured legal approach, leveraging temporary visa solutions, and ensuring thorough documentation, we successfully secured the Subclass 186 Visa for our client in just 4.5 months.
How Kris Ahn Lawyers Can Assist
For skilled workers facing similar challenges, Kris Ahn Lawyers provides expert assistance in navigating Australian immigration law, ensuring compliance and maximising success rates. At Kris Ahn Lawyers, we provide:
- Expert Guidance: Our team includes two Accredited Specialists in Immigration Law, offering unparalleled expertise in Australian migration matters.
- Tailored Solutions: Every client’s situation is unique. We develop customised strategies to maximise your chances of success.
- Proven Results: From straightforward applications to intricate cases like this one, we have consistently achieved outstanding outcomes for our clients.
If you are considering applying for a Subclass186 Visa or require assistance with your immigration matters, contact Kris Ahn Lawyers today. Our dedicated team is here to guide you every step of the way.
Related Resources
Explore our resources for more insights on migration policies:
- Employer Nomination Scheme (Subclass 186) Visa Guide
- What to Expect for Australian Immigration in 2025
- 186 TRT Visa Successfully Granted – General Manager
- Difference Between Employer-Sponsored Work Visas
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
