It’s a scenario that happens more often than you’d think: your employer lodged the Subclass 186 nomination on time, but the visa application itself wasn’t submitted before your 482 visa expired. Now you’re unlawful in Australia, and the path to permanent residency that seemed so close suddenly feels very complicated.
If this has happened to you, it’s important to understand your options – and act quickly.
How Does This Happen?
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The Subclass 186 (Employer Nomination Scheme) visa process has two stages: the employer lodges a nomination, and then the employee lodges their visa application. For the Temporary Residence Transition (TRT) stream, the visa application typically needs to be lodged while the applicant still holds a relevant visa – usually a 482 or former 457 visa.
Problems arise when there’s a delay between lodging the nomination and submitting the visa application. If the 482 visa expires in that gap, the applicant becomes unlawful and may no longer be able to lodge the 186 visa application onshore.
Can You Still Lodge a 186 Visa Onshore?
Once you’re unlawful in Australia, your options for lodging a valid onshore visa application become very limited. The Schedule 2 requirements for the 186 visa generally require the applicant to hold a specific type of visa (such as a 482, BVA, BVB, or BVC associated with certain applications) at the time of lodgement.
If you’ve applied for a Bridging Visa E (BVE) to regularise your status, it’s important to understand that a BVE alone may not satisfy the visa holding requirements for a 186 application. The specific bridging visa conditions and Schedule 2 requirements need to be carefully assessed.
What Are Your Options?
Migration agents have identified several potential strategies for applicants in this situation, though each comes with its own costs and complexities:
- Go offshore and apply for a new 482 visa – The most straightforward option may be to leave Australia, apply for a new 482 visa from offshore, return when it’s granted, and then complete the 186 TRT pathway. This adds time and expense but can get you back on track.
- Apply for a visitor visa (600) to obtain a bridging visa – In some cases, applying for a visitor visa may generate a Bridging Visa C, which could then allow you to lodge a 482 application and receive another bridging visa. However, this strategy is complex and not guaranteed to work in every case.
- Explore the 186 Direct Entry stream – If you meet the skills assessment and work experience requirements, the Direct Entry stream may be an alternative that doesn’t have the same visa holding requirements as the TRT stream.
Acting Quickly Is Critical
The longer you remain unlawful in Australia, the more complex your situation becomes. Being unlawful can trigger Section 48 bars on future onshore visa applications and may affect your eligibility for certain visa subclasses. It can also lead to detention and removal from Australia in serious cases.
If you’ve missed the deadline to lodge your 186 visa application, getting professional advice immediately is essential. A registered migration agent can assess your specific circumstances and help you identify the best pathway to get your permanent residency plans back on track.
Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal or migration advice. Every immigration matter is unique, and outcomes depend on individual circumstances. For advice tailored to your specific situation, please book a consultation with one of our registered migration agents.
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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