Having your Subclass 186 Employer Nomination Scheme (ENS) visa application refused is a stressful experience. But what if your employer’s nomination was approved just before the visa was refused? Can you use that same approved nomination to lodge a new visa application?
This is a question that comes up in migration practice, and the answer may be more favourable than you think.
How Long Is an Approved 186 Nomination Valid?
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An approved Subclass 186 nomination under the Temporary Residence Transition (TRT) stream is generally valid for six months from the date of approval, or until a visa is granted against it — whichever comes first.
Importantly, a visa refusal does not automatically cancel the nomination. If the nomination was approved and the associated visa application was subsequently refused, the nomination may still be valid and available for a new visa application — provided it’s still within the six-month window.
Can You Lodge a New Visa Application Using the Same Nomination?
According to experienced migration professionals, yes — you can generally lodge a new 186 TRT visa application linked to an existing approved nomination, as long as:
- The nomination is still within its six-month validity period
- No visa has been granted against the nomination
- The details in your new visa application match the nomination (same occupation, same employer, etc.)
While the migration regulations contain provisions preventing you from linking a pending visa application to a new nomination, there doesn’t appear to be a specific barrier to reusing an already approved nomination for a fresh visa application.
Important Considerations
Before relodging with the same nomination, there are several factors to consider:
- Address the refusal reason: Your new application needs to address whatever issue led to the original refusal. If the refusal was based on skills assessment, English language, or character grounds, simply relodging won’t fix the problem
- Time pressure: With only six months of nomination validity, you need to act quickly. Factor in the time needed to gather additional evidence and address the refusal grounds
- Schedule 3 criteria: If the applicant no longer holds a substantive visa when lodging the new application, Schedule 3 criteria may apply, which adds additional requirements
- Bridging visa status: Consider the applicant’s current visa status and whether they can lawfully remain in Australia while the new application is processed
When a New Nomination Might Be Needed
In some cases, lodging a fresh nomination may be the better approach, particularly if:
- The six-month nomination validity period has expired or is about to expire
- The applicant’s employment details have changed (different position, duties, or salary)
- The employer’s circumstances have changed significantly
Getting the strategy right after a visa refusal is critical. The decision to reuse an existing nomination versus lodging a new one can affect your timeline, costs, and overall chances of success.
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Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Visa rules and policies can change, and individual circumstances vary. We recommend booking a consultation with one of our registered migration agents to discuss your specific situation.
Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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