Skip to main content

Subclass 186 | Employer Nomination Scheme

Permanent ResidencyThrough Your Employer

The 186 visa is one of Australia's most direct routes to permanent residency for skilled workers. If your employer is willing to nominate you, we handle everything from eligibility assessment through to grant.

2-Day Cooling-Off Period

No Pressure to Sign

Transparent Fees

Payment Plans Available

LGBTIQ+ Welcome

Licensed & Registered Migration Law Practice

Home 11

Eligibility

Do You Qualify for the 186 Visa?

Both the employer and the worker must meet specific requirements for a 186 application to succeed. Understanding both sides of the equation early avoids wasted time and money.

We provide honest eligibility assessments. If there is a genuine issue with your application, we will tell you upfront rather than take your money and lodge a weak case.

Employer Requirements

Your employer must be an approved Standard Business Sponsor (or hold a Labour Agreement), be a lawfully operating business, and offer a genuine full-time position at or above the Temporary Skilled Migration Income Threshold (TSMIT).

Skills and Occupation

For the TRT stream your occupation must match your 482/457 nomination. For Direct Entry your occupation must be on the MLTSSL and a positive skills assessment is required. Labour Agreement terms vary by agreement.

Age Requirement

You must be under 45 years of age at the time the nomination is lodged. Exemptions exist for certain high-value occupations, academics, scientists and senior executives. We can advise whether an exemption may apply to you.

English Language

Vocational English is the minimum requirement. This is typically demonstrated by an IELTS score of 5 in each band (or equivalent). Exemptions apply to passport holders from the UK, USA, Canada, New Zealand and Republic of Ireland.

Health and Character

You and any family members included in the application must meet Australian health requirements and pass a police clearance character check. Health examinations are conducted by approved panel physicians.

How It Works

Three Pathways to Your 186 Visa

The Subclass 186 visa has three streams. The right one for you depends on your occupation, your employment history, and how you and your employer are connected.

1

TRT Stream - most common

Temporary Residence Transition

For workers already in Australia on a 482 (or 457) visa with the nominating employer. This is the most frequently used pathway as the relationship between worker and employer is already established.

  • Must have worked for the nominating employer for at least 2 of the last 3 years
  • Must hold or have held a Subclass 457 or 482 visa
  • Occupation does not need to be on the MLTSSL
  • Employer must be an approved standard business sponsor
  • Age limit: under 45 at time of nomination (exemptions apply)

2

Direct Entry Stream

Direct Entry

For skilled workers who have not worked for their nominating employer on a 482/457, or who are applying from overseas. The occupation must be on the MLTSSL and a skills assessment is generally required.

  • Occupation must appear on the Medium and Long-term Strategic Skills List (MLTSSL)
  • Skills assessment from the relevant assessing authority required
  • At least 3 years of relevant work experience
  • No minimum employment requirement with nominating employer
  • Age limit: under 45 at time of nomination (exemptions apply)

3

Labour Agreement

Labour Agreement Stream

For workers sponsored through a formal Labour Agreement between an employer and the Australian Government. These agreements allow nomination outside standard occupation lists and may provide different concessions.

  • Employer must hold an approved Labour Agreement with the Department
  • Used where standard streams do not accommodate the occupation or industry
  • Eligibility criteria set by the terms of the specific agreement
  • Common in agriculture, meat processing, dairy and on-hire industries
  • Concessions on age, skills and English may be available

The Process

From First Call to Visa Grant

A straightforward five-step process. We manage every stage so you can focus on your work.

1

Free Eligibility Assessment (Day 1)

We review your situation, employment history and occupation to confirm which stream applies and flag any issues early.

2

Employer Nomination Preparation (1 to 4 weeks)

We prepare and lodge the employer nomination application, including all supporting documents demonstrating the position is genuine and the employer is compliant.

3

Visa Application Preparation (4 to 8 weeks)

We compile your complete visa application, gather skills assessments, English test results, police checks and health examinations.

4

odgement and Follow-Up (Ongoing)

We lodge both the nomination and visa application and respond to any requests for further information from the Department on your behalf.

5

Visa Grant (Varies by stream)

Once granted you and your family receive permanent residency. We brief you on your rights and obligations as a permanent resident.

Current Processing Times: TRT stream applications are currently taking approximately 6 to 12 months for the Department to assess. Direct Entry can take longer. Processing times change frequently. We monitor your case throughout.

98%

Visa grant rate for properly prepared cases

500+

Employer-sponsored visa applications lodged

0

Hidden fees or unexpected charges

100%

Registered Migration Agents. No exceptions.

Why Choose Us

A Law Firm That Does Things Differently

We are not the cheapest. We are not the flashiest. We are the firm that gives you a straight answer and gets the job done.

Honest Eligibility Assessments

If your case has a fundamental problem, we will tell you before you spend thousands of dollars lodging an application. We do not take weak cases just to collect fees.

No Visa, No Professional Fee

If your application is refused and we are at fault, you pay no professional fee. We are financially aligned with your outcome, not just your lodgement.

Fixed Fees, No Surprises

Our professional fees are agreed upfront and do not change mid-case unless your instructions change significantly. No hourly billing creep.

Registered Migration Agents Only

Every person who works on your application is a Registered Migration Agent bound by the Code of Conduct. No unlicensed staff doing the real work.

End-to-End Employer Support

We work alongside your employer's HR and management teams to prepare the nomination documentation, business sponsor obligations and ongoing compliance requirements.

You Always Know Where Your Case Stands

We provide regular updates, respond to your questions promptly, and flag anything from the Department immediately. You are never left wondering what is happening.

Common Questions

186 Visa FAQs

Straightforward answers to the questions we get asked most often about the Subclass 186 Employer Nomination Scheme visa.

What is the difference between the TRT stream and the Direct Entry stream?

The Temporary Residence Transition (TRT) stream is for workers who are already in Australia on a Subclass 482 or 457 visa and have worked for the nominating employer for at least 2 of the last 3 years. Your occupation does not need to be on the MLTSSL to use this stream.

The Direct Entry stream is for skilled workers who have not been sponsored by their current employer under a 482 or 457 visa, or who are applying from overseas. This stream requires your occupation to be on the MLTSSL, a positive skills assessment, and at least 3 years of relevant work experience.

My employer wants to nominate me but they are not yet an approved sponsor. Can we still apply?

Yes. Becoming an approved Standard Business Sponsor is part of the process. If your employer is not already approved, we prepare and lodge the sponsorship application before or alongside the nomination. The employer must meet the sponsorship requirements, including being a lawfully operating business with no adverse compliance history.

We handle the sponsorship application as part of the overall 186 engagement so there is no additional complexity for you or your employer.

I am on a 482 visa but I am older than 45. Am I automatically exluded from the 186?

Not necessarily. The age limit of 45 applies at the time the nomination is lodged, not when the visa is granted. There are also a number of exemptions that may apply, including for academics, scientists, researchers, technical specialists, and people earning above a certain income threshold.

We assess whether any exemption applies to your situation as part of the free eligibility consultation. Do not assume you are ineligible based on age alone before speaking with us.

What is the TSMIT and how does it affect my 186 application?

The Temporary Skilled Migration Income Threshold (TSMIT) is the minimum annual earnings that must be offered to the nominated worker. As of July 2024, the TSMIT is $70,000 per year before tax.

For the 186 nomination to be approved, the position must offer at least the TSMIT or the annual market salary rate for the occupation, whichever is higher. If the salary offered is below the threshold, the nomination will be refused regardless of how well-prepared the rest of the application is.

Can my family members be included in my 186 application?

Yes. Your spouse or de facto partner and any dependent children can be included as secondary applicants in your 186 application. If granted, they will also receive permanent residency and be entitled to work and study in Australia without restriction.

All secondary applicants must also satisfy health and character requirements. Government fees apply per applicant. We can provide a detailed fee breakdown during the consultation.

Do I need a skills assessment for the TRT stream?

Generally, a formal skills assessment is not required for the TRT stream. The logic is that your time working for the nominating employer on a 482/457 visa already demonstrates your skills are genuine and relevant.

However, certain occupations may still require a skills assessment even under the TRT stream, and there are situations where providing one voluntarily strengthens the application. We advise on this during the eligibility assessment.

How long does the 186 visa application take to process?

Processing times vary significantly depending on the stream and the Department's current workload. TRT stream applications have recently taken between 6 and 12 months. Direct Entry applications can take longer, sometimes 12 to 18 months or more.

The Department does not provide priority processing for the 186. The best thing you can do to avoid delays is ensure your application is complete, accurate and well-documented at lodgement, which is exactly what we focus on.

My occupation is not on the MLTSSL. Can I still get a 186 via Direct Entry?

No. The Direct Entry stream requires your occupation to be on the MLTSSL. If your occupation does not appear on that list, Direct Entry is not available to you.

However, if your employer holds a Labour Agreement that covers your occupation, the Labour Agreement stream may be an option. It is also worth checking whether your occupation is eligible under the TRT stream if you have been sponsored by the same employer under a 482 or 457 visa.

What does the employer need to provide for the nomination?

The employer must demonstrate that the position is genuine, that the terms of employment are at or above market rate, and that the nominated occupation matches the role being offered. Supporting documents typically include an organisation chart, payroll records, financial statements, the employment contract, and a detailed position description.

We provide your employer's HR team with a clear checklist and work through the documentation with them. Most employers find the process straightforward when we are guiding it.

What happens to my 482 visa while my 186 application is being processed?

Once a valid 186 application has been lodged, you receive what is known as a bridging visa. If your 482 visa expires before the 186 is granted, the bridging visa allows you to remain in Australia and continue working for your sponsoring employer.

The bridging visa conditions generally mirror those of your substantive visa. It is important that the 186 application is lodged before your 482 expires to ensure continuity of status. We monitor the timing carefully for every client.

Can I change employers after my 186 visa is granted?

Yes. Once the 186 visa is granted it is a permanent visa and you are free to work for any employer in any occupation in Australia. You are not tied to the nominating employer after the visa is granted.

The nominated position must be genuine at the time of the application, but there is no ongoing obligation to remain with that employer once permanent residency is obtained.

What English language requirements must I meet?

The minimum requirement is Vocational English, which generally means a minimum IELTS overall score of 5.0 with no band below 5.0 (or the equivalent in PTE, TOEFL, Cambridge or OET).

Citizens of the UK, USA, Canada, New Zealand and Republic of Ireland are exempt from the English requirement. There is also an exemption if you have completed a minimum 5 years of study in English in certain countries. We can advise which exemption, if any, applies to you.

Can I apply for citizenship after the 186 visa?

Yes. The 186 visa is a permanent visa and counts towards the residence requirements for Australian citizenship. Generally, you can apply for citizenship after 4 years of residence in Australia, including at least 1 year as a permanent resident.

The citizenship application is a separate process handled by the Department of Home Affairs. We can provide general guidance on timing and eligibility, though citizenship applications fall outside our standard migration work.

Does the 186 visa allow me to travel freely in and out of Australia?

Yes, with an important caveat. The 186 visa includes an initial travel facility that allows unlimited travel for 5 years from the date of grant. After that period you can still enter Australia as a permanent resident, but re-entering as a permanent resident requires a valid Resident Return Visa (RRV) or Australian citizenship.

We brief every client on this at the time of grant so there are no surprises when the initial travel facility expires.

What if the Department sends a requests for further information?

Requests for further information (sometimes called a Section 56 request or a PIC request) are relatively common, particularly where the Department wants clarification on an aspect of the employment arrangement or the nominated occupation.

We handle all communication with the Department on your behalf and prepare thorough, well-reasoned responses to any such requests. A prompt and comprehensive response significantly improves the chances of a positive outcome. You do not need to do anything except provide us with the underlying information we request from you.

What is the difference between the 186 visa and the 187 visa?

The Subclass 186 (Employer Nomination Scheme) is for employers and workers in metropolitan and regional Australia generally. The Subclass 187 (Regional Sponsored Migration Scheme) was specifically for employers and workers in regional and low population growth areas.

The Subclass 187 visa was closed to new applications on 16 November 2019. Workers and employers previously using the 187 pathway now use the 186 visa or the Subclass 494 (Skilled Employer Sponsored Regional) and then 191 (Permanent Residence Regional) pathway instead.

What government fees are payable for a 186 visa application?

Government fees for the 186 visa change each July. As a guide, the base application charge for the primary applicant is approximately $4,640 (as at July 2024). Additional applicants over 18 pay a secondary applicant charge of approximately $2,315 each, and additional applicants under 18 pay approximately $1,155 each.

There is also a Skilling Australians Fund (SAF) levy payable by the employer at the nomination stage. The SAF levy is $3,000 for small businesses (turnover below $10 million) and $5,000 for all other businesses. These government fees are separate from our professional fees.

What if my 186 application is refused? What are my options?

If the nomination or visa application is refused, the options depend on the reason for refusal and whether it applies to the nomination, the visa, or both. In many cases there is a right to seek review at the Administrative Review Tribunal (ART), formerly the Migration and Refugee Division of the Administrative Appeals Tribunal.

The review timeframe is typically 21 to 28 days from the date of the refusal notice. Acting quickly is critical. If you receive a refusal, contact us immediately so we can assess your options. If the refusal was due to an error on our part, our No Visa No Fee policy applies.

Can my employer withdraw the nomination after my visa is lodged?

Yes, an employer can withdraw a nomination. If this happens while the visa application is still being assessed, it is likely to result in the visa application being refused as there is no valid nomination supporting it.

This is an unfortunate but real risk in employer-sponsored migration. We encourage open communication between employers and employees throughout the process, and we can flag early if we see any indicators that the nomination may be at risk. If you are concerned about your employer's commitment, speak with us as early as possible.

How much does it cost to use the My Migration Lawyers for a 186 application?

Our professional fees depend on the stream, the complexity of your occupation, whether skills assessments are required, and the number of applicants in the application. We provide a written fee agreement before any work begins so there are no surprises.

We are transparent about what government fees and third-party costs (skills assessment fees, health examination charges, police certificate fees) will apply on top of our professional fees. The best way to get an accurate quote for your specific situation is to book a free consultation.

Does my sponsor need to have a Standard Business Sponsorship?

Yes. Up until early January 2026, sponsors for the Subclass 186 visa did not need to maintain their status as a Standard Business Sponsor. However, moving forward, applicants for the Subclass 186 visa will be required to demonstrate that they were employed by a Standard Business Sponsor holder during their eligibility period (the two years the applicant held a Subclass 482 visa).

Still have questions?