The Question
If a client’s 186 Direct Entry (DE) visa application is being processed and the nominating employer goes into administration, can the applicant receive a new nomination from a different employer to support the same 186 DE application?
The Expert Answer
The answer is No- it is not possible to substitute a new nomination for a pending 186 DE application. Under the Migration Regulations, where a nomination has been withdrawn or is no longer valid, a new nomination cannot be linked to the existing visa application.
POLICY Section 3.5.5 (Position must be that nominated under the nomination provisions): Clause 186.233(1)(b) This section states that a visa applicant cannot be considered against a different nomination or position. It explicitly notes that “a second nomination for the same position cannot be linked to an undecided visa application that was made in association with the first (withdrawn or refused) nomination”. It also advises that the applicant may withdraw their visa application and make a new one, linking it to the correct nomination.
POLICY Section 3.5.9 (The position must still be available): Clause 186.233(5) This section outlines that the applicant cannot satisfy the criterion that the position is still available if “the nominating entity has ceased trading”.
Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
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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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