The Employer Nomination Scheme visa (subclass 186) is an Australian employer-sponsored permanent visa. Applicants must be nominated by an employer lawfully operating in Australia, work in an eligible occupation, and meet age, English, skills, health and character requirements. The 186 visa currently has three streams: the Temporary Residence Transition stream, the Direct Entry stream and the Labour Agreement stream. The 457 visa, often mentioned in older articles, was abolished in 2018. On 7 December 2024, the Temporary Skill Shortage stream of the 482 visa was replaced by the Skills in Demand visa (subclass 482), and the transition requirements changed with it.
Legal framework
The subclass 186 visa is governed by the Migration Act 1958 (Cth) and the Immigration Regulations 1994 (Cth). Employer sponsorship obligations are set out in Division 3A of Part 2 of the Migration Act. The eligible occupation lists, salary thresholds and English requirements are set by the Minister in legislative instruments and change from time to time. The rules that apply are the ones in force when the nomination and visa application are lodged.
Three streams
Temporary Residence Transition stream
This stream is for people who hold a 457 visa, a Temporary Skill Shortage 482 visa or a Skills in Demand 482 visa. Under the current rules, applicants generally must have worked full time in the nominated occupation for at least two of the three years before nomination while holding one of these visas, and that work no longer has to be with the same sponsoring employer. The employer must show the position is genuine and pay at least the market rate and the legal salary threshold.
Direct Entry stream
This stream is for applicants who do not hold one of the temporary work visas above, or who do not meet the Transition stream requirements. The nominated occupation must be on the relevant occupation list (currently the Core Skills Occupation List), and applicants generally need a positive skills assessment from the relevant assessing authority and at least three years of relevant full-time work experience.
Labour Agreement stream
This stream is for employers that have a labour agreement with the Australian Government (including a Designated Area Migration Agreement, or DAMA). The agreement may vary the occupation, age, English or salary requirements, depending on its terms.
Key requirements
- Age: Applicants generally must be under 45 when they apply, although some exemptions apply.
- English: Applicants generally need at least Competent English, although holders of certain passports and some others are exempt.
- Employer and position: The employer must be a lawful, actively operating business, the position must be a genuine full-time role, and the terms of employment must be no less favourable than those for an equivalent Australian worker.
- Health and character: The main applicant and all accompanying family members must meet the health and character requirements.
Application process
- Check that the employer and applicant meet the requirements of the chosen stream.
- The employer lodges the nomination, with evidence of its business operations, the need for the position and the salary.
- The applicant lodges the visa application at the same time or afterwards, with evidence of identity, qualifications, work history, English and skills assessment.
- Respond to any requests for further information from the Department of Home Affairs, and complete health checks and police certificates.
Common misconceptions
- Miscalculating work experience (for example, counting part-time work, unpaid leave or work in a role that doesn't match the nominated occupation), so the applicant falls short of the required period.
- The employer's finances or size of business are not enough to show a genuine need for the position.
- The applicant's temporary visa expires, or they pass the age limit, while they are waiting.
- Providing information that is inconsistent with earlier applications can trigger a Public Interest Criterion 4020 assessment, leading to refusal and a ban on being granted a visa for a set period.
- No one may pay an employer to obtain sponsorship. These arrangements are illegal under migration law.
Documents you’ll need
- Passport, birth certificate and change of name certificate (if applicable).
- Employment contracts, payslips, employer references and tax records.
- Qualifications, academic transcripts and skills assessment (Direct Entry stream).
- English test results or evidence of exemption.
- Evidence of marriage or de facto relationship, and children's birth certificates (if family members are included).
If your application is refused
If a nomination or visa application is refused, you can generally apply to the Administrative Review Tribunal for review. The Tribunal replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. The deadline for applying is set out in the refusal letter and must be strictly met.
How we help
We help employers and applicants work out which 186 stream applies, prepare nominations and visa applications, respond to requests from the Department of Home Affairs, and represent clients in reviews at the Administrative Review Tribunal. Two of our lawyers are Accredited Specialists in Immigration Law, accredited by the Law Institute of Victoria. We work in Mandarin, Cantonese and English.
Frequently asked questions
Do I have to work for the same employer to use the 186 Temporary Residence Transition stream?
Under the current rules, applicants generally must have worked full time in the nominated occupation for at least two of the three years before nomination while holding a 457 or 482 visa. That work no longer has to be with the same sponsoring employer. Periods such as part-time work or unpaid leave must be excluded, and miscalculating work experience is a common reason for refusal.
What are the requirements for the 186 Direct Entry stream?
This stream is for applicants who do not hold a relevant temporary work visa, or who do not meet the Transition stream requirements. The nominated occupation must be on the relevant occupation list (currently the Core Skills Occupation List). Applicants generally need a positive skills assessment and at least three years of relevant full-time work experience, and must meet the age, English, health and character requirements.
Can I pay an employer to sponsor me for a 186 visa?
No. No one may pay an employer to obtain sponsorship. These arrangements are illegal under migration law, can lead to a visa being refused or cancelled, and can expose those involved to legal liability. Employers also cannot pass sponsorship-related costs on to applicants.
Can a refused 186 visa be reviewed?
Usually, yes. If a nomination or visa application is refused, you can generally apply for review to the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024. The deadline for applying is set out in the refusal letter and must be strictly met.
Chua Tan Associates has practised in Melbourne since 1990, acting for clients in Australia and overseas in English, Mandarin and Cantonese. For a confidential consultation, call +61 3 9602 3988 or email chuatan@tpg.com.au. This article is general information only and is not legal advice.
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