Subclass 186 Employer Nomination Scheme Visa

1. Is the Subclass 186 visa a permanent residency visa?

Yes. The Subclass 186 visa grants permanent resident status upon approval. This means you and your included family members become permanent residents of Australia as soon as the visa is granted. You can live and work in Australia indefinitely.

2. What is the difference between the Direct Entry and TRT streams?

The Direct Entry stream is for applicants who either are outside Australia or have not worked for the nominating employer long enough on a temporary visa. It requires a positive skills assessment and at least 3 years of work experience in the occupation, and the occupation must be on the Core Skills Occupation List.

The Temporary Residence Transition stream is for those who have worked with their employer on a 457 or 482 visa in the nominated occupation for at least 2 years and can transition without a new skills assessment. In the TRT stream, your occupation is not constrained by the CSOL if it was valid for your 482 visa.

3. What are the English language requirements?

The primary applicant must demonstrate at least Competent English, equivalent to IELTS 6.0 in each band or equivalent scores in TOEFL, PTE, or other accepted tests.

Exemptions: You are exempt if you hold a passport from the UK, USA, Canada, New Zealand, or Ireland.

4. Do I need a skills assessment for a 186 visa?

For Direct Entry stream: Yes, a positive skills assessment is mandatory in nearly all cases. You must obtain this from the relevant assessing authority for your occupation before the visa decision is made.

For Temporary Residence Transition stream: No, a new skills assessment is not required in most cases. Your prior work on a 457/482 visa and your employer’s attestation of your skills suffice. This is a significant benefit of the TRT pathway, saving time and cost.

For Labour Agreement stream: It depends on the specific agreement terms. Some require qualifications or skills assessments, others do not.

5. Is there an age limit for the 186 visa?

Yes, generally you must be under 45 years old at the time you lodge your application. If you turn 45 after lodgement, that is acceptable as long as you were under 45 when you submitted the application.

Exemptions to the age requirement include:

• Senior academics appointed by Australian universities
• Scientists or researchers in government agencies
• Medical practitioners in regional areas with at least 4 years service on 457/482
• Certain 457 holders with 4+ years employment earning above Fair Work High Income Threshold
• Labour Agreement concessions that allow higher ages (often up to 50 or 55)

6. Can I include my family members in the application?

Yes. You can include your spouse or de facto partner and your dependent children in a 186 visa application. They will need to meet health and character requirements but do not need to meet the skill or English requirements that the primary applicant does (except partners need Functional English or the second instalment fee applies).

If the visa is granted, your family members will receive permanent residency as your dependents, which gives them full work and study rights in Australia. Including family increases the visa application fee but is far simpler than sponsoring them later.

7. How much does a subclass 186 visa cost?

Government nomination, SAF levy, visa, family-member and possible second-instalment charges depend on the application and can change. Confirm every amount using the Home Affairs pricing estimator and current pricing table immediately before lodgement. Employer-paid nomination and SAF levy costs must not be unlawfully recovered from the nominee.

8. How long does it take to get the 186 visa?

Processing times vary and change. Check the Home Affairs processing-time guide; no timeframe or outcome is guaranteed.

• Direct Entry: 13 months for 50% of cases, up to 18 months for 90%
• Temporary Residence Transition: 14 months for 50% of cases, up to 19 months for 90%
• Labour Agreement: 4 months for 50% of cases, up to 8 months for 90%

Decision-ready applications with complete documentation can be processed faster. Factors affecting processing include application completeness, nomination approval timing, health and character checks, and Department workload.

9. Do I have to stay with my employer after getting the 186 visa?

Once your 186 visa is approved, you become a permanent resident and there is no visa condition legally binding you to stay with the employer. However, when the employer nominated you, they declared that the position is available for at least 2 years and that the role is genuine and ongoing.

10. Can the employer make the employee pay for the nomination or SAF levy?

No. Australian law prohibits cost transfer of migration expenses from an employer to an employee for employer-sponsored visas. All costs related to the nomination and sponsorship, including the SAF levy, must be borne by the employer.

Employers cannot ask the employee to reimburse these costs, nor can they deduct them from the employee’s wages, even with the employee’s consent. This would be a breach of sponsorship obligations and the Department can take action against employers who do this.