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Subclass 186 Visa — Employer Nomination Pathway

  • Writer: VEM | Tư vấn định cư Úc, di trú Úc
    VEM | Tư vấn định cư Úc, di trú Úc
  • 23 hours ago
  • 5 min read

The Subclass 186 Visa, also known as the Employer Nomination Scheme (ENS), is a permanent skilled migration pathway that enables employer-sponsored skilled workers to live and work in Australia indefinitely. This visa is commonly used to retain experienced employees currently working on temporary employer-sponsored visas and to bring qualified specialists from overseas. VEM provides practical guidance on eligibility and the application process so employers and applicants understand obligations, timelines, and likely outcomes.

Additional Information: Subclass 186 Visa

Many businesses rely on skilled staff for long-term operations. Interest: The Subclass 186 Visa ties genuine employment with permanent residency. Desire: Secure status improves staff retention and career stability. Action: Prepare nomination and visa documentation early to improve approval chances.

Subclass 186 Visa Streams

Temporary Residence Transition (TRT) Stream

  • For workers currently employed in Australia on a subclass 482 or legacy 457 visa, or on certain bridging visas.

  • Must have at least 2–3 years of full-time employment for the nominating employer, depending on the occupation and visa history.

  • Employer must nominate the position and meet sponsorship obligations.

Direct Entry (DE) Stream

  • Intended for applicants in Australia or overseas who do not qualify for TRT.

  • Requires a valid skills assessment and at least 3 years post-qualification full-time experience in the nominated occupation.

  • Applicant’s occupation must appear on the relevant skilled occupation list.

Labour Agreement Stream

  • For applicants sponsored under a specific labour agreement between an employer and the Australian government.

  • Applicants must meet conditions in the relevant agreement and be employed by the sponsoring business.

Key Eligibility Requirements

Applicant Requirements

  • Must be nominated by an eligible Australian employer.

  • Age generally under 45 at application time (some exemptions apply for high-earning applicants, academics, medical practitioners in eligible regional settings, and certain legacy 457 holders).

  • Occupation must match the nomination and, for DE applicants, be listed on the Core Skills Occupation List.

  • Required skills assessment for the nominated occupation unless an exemption applies.

  • Minimum relevant work experience (commonly three years or as specified).

  • Competent English (e.g., IELTS 6.0+ or equivalent).

  • Meet health and character standards.

Employer Requirements

  • Operate lawfully in Australia with a clean business record.

  • Demonstrate a genuine need for the role and offer full-time employment at market salary or Better.

  • Pay at least the Temporary Skilled Migration Income Threshold (TSMIT) — AUD 76,515 (check current threshold).

  • Comply with licensing, registration, and professional membership requirements where applicable.

  • Meet training obligations and pay the Skilling Australians Fund (SAF) Levy per turnover band: AUD 3,000 (turnover < AUD 10M) or AUD 5,000 (turnover ≥ AUD 10M).

  • Provide an employment contract consistent with Fair Work requirements.

Nomination And Application Process

Stage 1 — Employer Nomination

  • Employer lodges the nomination with the Department of Home Affairs.

  • Nomination approval must be current (approved within six months before lodging the visa application).

  • Employer pays the nomination fee and SAF levy; must confirm job availability and the genuine nature of the position.

Stage 2 — Visa Application

  • Applicant lodges the visa application either simultaneously or within six months of nomination approval.

  • Visa assessment covers skills, English, health, and character.

  • Grants result in permanent residency if both nomination and visa are approved.

Costs And Additional Expenses

  • Main applicant visa fee: AUD 4,910.

  • Additional applicant (18+): AUD 2,455; under 18: AUD 1,230.

  • Nomination fee: AUD 540 (paid by employer).

  • SAF Levy: AUD 3,000 – AUD 5,000 (paid by employer based on turnover).

  • Other expected expenses: skills assessment fees, health examinations, police checks, translation costs, and any professional fees for migration assistance.

Processing Times (Indicative)

  • TRT Stream: 50% within 14 months; 90% within 19 months.

  • DE Stream: 50% within 13 months; 90% within 18 months.

  • Labour Agreement Stream: 50% within 4 months; 90% within 8 months.

  • Note: Processing times vary; lodge complete and well-documented applications to reduce delays.

Benefits Of The Subclass 186 Visa

  • Permanent residency in Australia with unrestricted work and study rights.

  • Access to Medicare and public services.

  • Ability to sponsor eligible family members.

  • Pathway to Australian citizenship when meeting residency and other criteria.

  • Travel to and from Australia for five years from grant date (after which an RRV may be needed).

Common Pitfalls And Practical Tips

  • Ensure the nomination is lodged and approved before visa application or within six months after approval.

  • Prepare a thorough skills assessment and document continuous, relevant employment history.

  • Avoid missing the age requirement without checking for possible exemptions.

  • Employers must evidence genuine need, market salary compliance, and SAF levy payment.

  • Use clear, certified translations for foreign documents and obtain police checks from all countries lived in for 12+ months.

  • Keep records of employment contracts, payroll, and Superannuation to support TR transition claims.

Compliance And Employer Responsibilities

  • Employers remain responsible for maintaining lawful business operations and meeting sponsorship conditions.

  • Training obligations tied to prior 482/457 sponsorships must be documented.

  • Failure to comply with obligations or negative records about the business can lead to nomination refusal or visa denial.

Practical Example (Timeline)

  • Employer sponsors worker on a subclass 482 visa. After 3 years of continuous employment and meeting salary and training obligations, the employer lodges a nomination. The nomination is approved. Within six months, the worker lodges the Subclass 186 visa application with a valid skills assessment and required health and character checks. Processing follows published timelines; with complete documentation, approval leads to permanent residency and associated benefits.

How To Prepare Documents Efficiently

  • Compile identity documents, passport, and certified translations.

  • Gather employment evidence: contracts, payslips, tax and Superannuation records.

  • Secure skills assessment from the relevant assessing authority early (ANMAC for nursing and some health professions).

  • Book health checks and obtain police certificates for all relevant countries.

  • Prepare a concise statement mapping duties to the nominated occupation and showing continuity of employment.

Frequently Asked Questions

Is age exemption possible?

  • Yes, exemptions exist for high-earning applicants who meet Fair Work High Income Threshold criteria, academics, some medical practitioners, and legacy 457 visa holders.

How long before permanent residency takes effect?

  • Processing varies by stream; monitor ImmiAccount for status updates and provide requested documents promptly.

Can family members be included?

  • Yes, dependent family members can be included in the visa application; fees apply per dependent.

The Subclass 186 Visa provides a stable pathway to Australian permanent residency for employer-sponsored skilled workers. Success depends on correct nomination, meeting eligibility (skills, experience, English, health, and character), and employer compliance with salary and training obligations. Early preparation of skills assessments, employment evidence, and health/character checks helps reduce delays and improves approval chances.

If further tailored guidance is required on gathering documentation, preparing a skills narrative, or mapping a pathway from a temporary visa to the Subclass 186 Visa, VEM can assist with case-specific planning and application review.


For personalised assistance, contact VEM

Vietnam Office: SAV.6-03.06 The Sun Avenue, 28 Mai Chi Tho Street, Binh Trung Ward, Ho Chi Minh City, Vietnam

Australia Office: Level 24–25, 108 St Georges Terrace, Perth WA 6000, Australia

Vietnam Hotline: 0909 112 310

Australia Hotline: (+61) 865 578 833


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