186 Employer Nomination Scheme Visa – Australia (Permanent)
Overview of 186 Employer Nomination Scheme Visa
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As a permanent visa, Employer Nomination Scheme (Subclass 186) visa allows Australian employers to sponsor overseas workers to work in positions that are not able to be filled by Australian labour.
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Different from TSS visa (Subclass 482) which takes applicants a few years to become eligible for permanent residency, Subclass 186 is one-step permanent residency, but have higher requirements at the same time.
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This visa is also for holders of TSS Visa (Subclass 482) to obtain permanent residency through a two-stage process.
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Holders of Subclass 186 visa will need to work at least 2 years for the sponsoring employer following the grant of the visa.
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You may include your family in your visa application so your entire family can migrate together.
Application Process for the Employer Nomination Visa (Subclass 186) Australia
Step 1 – Nomination application
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the employer nominates the applicant to fill a full-time position.
Step 2 – Skills assessment (Direct Entry stream only)
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to have the applicant’s professional skills assessed by assessing authorities
Step 3 – Visa application
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the applicant lodges the Subclass 186 visa application.
Three Streams of Employer Nomination Visa (186)
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Direct Entry stream – this applies if applicants:
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have an occupation on the Core Skills Occupation List (CSOL)
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have 3 years of work experience in the nominated occupation;
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have not worked on a Subclass 457 visa/TSS 482 visa with their nominating employer for 2 or 3 years
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Temporary Residence Transition stream – this applies if applicants:
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have worked on a Subclass 457 visa/TSS 482 visa in the same occupation with their nominating employer for 2 or 3 years
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are nominated and offered a permanent position by their employer
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Labour Agreement stream – this applies if:
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standard visa programs are not available, for example, because of an applicant’s low English proficiency
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employer must first negotiate a labour agreement with Commonwealth/state government
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terms and conditions of the labour agreement are flexible and negotiable, allowing for concessions and lower visa requirements
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Eligibility for the 186 Employer Nomination Scheme Visa
For employer:
Be a lawfully operating business with no adverse information unless exempt
Demonstrate a genuine need for a full-time position ongoing for at least 2 years
Nominated occupation meets caveats requirements (if applicable)
Establish the position cannot be filled by an Australian citizen or permanent resident through Labour Market Testing (the position must be advertised strictly in accordance with migration law)
Pay the nominee (applicant) at least annual market salary rate (AMSR) which cannot be lower than:
- $76,515 + superannuation
- caveats if applicable
Ensure the employment conditions that will apply to the nominee are not less favourable than those that apply/would apply to an Australian worker performing equivalent work at the same location.
Pay Skilling Australians Fund levy
For applicant:
The nominated occupation is on Occupation List for Subclass 186 Visa
Aged under 45 (for Direct Entry stream) or 50 (for Temporary Residence Transition stream) unless exempt
Have at least competent English (please note certain occupations, such as Accountant, are required to have a higher level of English proficiency)
For Direct Entry stream only – obtain a positive skills assessment unless exempt
Have at least 3 years of full-time (or equivalent part-time) experience in the nominated occupation (unless you apply in Temporary Residency Transition stream and are covered by Grandfathering Provisions) (please note higher experience, such as 12 months of full-time or equivalent part-time experience in the nominated occupation in the last 3 years, is required for certain occupations by skills assessing authorities)
have relevant qualification and registration/licence (if applicable)
Meet health and character requirements
COVID-19 Concessions
The concession period commenced on 1 February 2020 and is ongoing. If the sponsoring business has been impacted by COVID-19 and during the concession period, the employer had to temporarily change the employment arrangements of their subclass 457/482 visa holders in any of the following ways:
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reduced hours of work
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reduced salary
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reduced to part-time hours
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unable to offer full-time hours
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temporary stand down
Then the employer as regarded as having employed the subclass 457/482 holders for a specified period as outlined above. However, the business will need to provide evidence that the applicant has been temporarily stood down, been on unpaid leave or had their hours reduced due to COVID-19 but their employment was not terminated.
Location
Applicants may be in or outside Australia at the time of application and visa grant.
Duration of Stay
This is a permanent visa that allows you to stay permanently in Australia. However, its travel facility expires after 5 years so you will need to apply for Resident Return Visa (Subclass 155 & 157) or Australian citizenship (if eligible) if you wish to travel overseas and back to Australia after the expiry date.
Benefits
With this visa, you may:
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migrate to Australia together with your family
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stay and live in Australia permanently
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potentially bring your extended family members to Australia permanently on parent visa or visa intended for other relatives
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access various government benefits, including but not limited to:
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pension
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unemployment and job-seeking benefits
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concession cards for commuting
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benefits associated with new-born baby
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interest-free school loan
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travel overseas and back to Australia without limitations for any purposes (e.g. overseas holiday, visiting family and/or attending family matters in home country)
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access Australia’s public health care scheme (Medicare) which essentially provides free medical consultations, operations and hospitalization for a wide range of medical conditions
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work in Australia without any limitations
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study in Australia without any limitations
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attend free English language course provided by Australian government
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apply for Australian citizenship when eligible
Application Fees
You may include your family in the application so your family can migrate to Australia together.
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Application fee for nomination: $540
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Skilling Australian Fund levy:
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$3000 (if annual turnover is lower than $10m); or
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$5000 (if annual turnover is over $10m)
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Application fee for visa – First Instalment:
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Main applicant: $4240
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Each secondary applicant aged 18 or over: $2120
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Each secondary applicant under 18: $1060
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Application fee for visa – Second Instalment (this applies if any applicant at least 18 is assessed as not having functional English at the time of application)
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Main applicant: $9800
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Each secondary applicant: $4890
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Please note: you may incur third-party charges, for example, for translation, skills assessment, English test, police certificate and health exam.
Processing Time
Kindly note the processing time constantly varies. Please contact us for update.
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Direct Entry stream
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75% of applications: 6 months
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90% of applications: 9 months
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Temporary Residence Transition stream
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75% of applications: 12 months
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90% of applications: 21 months
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Labour Agreement stream
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75% of applications: 6 months
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90% of applications: 24 months
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186 Employer Nomination Scheme Visa
For many skilled workers in Australia on temporary visas, the 186 Employer Nomination Scheme visa represents the most direct pathway to permanent residency. While the visa is widely known, the eligibility requirements and assessment process are often misunderstood. Approval depends not only on meeting the basic criteria, but on how the employer nomination and visa application are prepared and assessed together.
At Gold Medal Visa, we regularly assist applicants who assume they qualify for the 186 visa, only to discover that critical details have been overlooked. Understanding how the Department evaluates these applications is essential.
Employer Nomination Visa Australia – How the Process Works
The employer nomination visa Australia offers permanent residence to skilled workers where an Australian business has an ongoing need for their role. The process involves two linked applications: a nomination lodged by the employer, and a visa application lodged by the employee.
Each application has strict requirements. Employers must demonstrate that the position is genuine, ongoing, and required for the operation of the business. They must also meet salary, training, and compliance obligations. Applicants must meet skill, experience, English language, health, and character requirements.
Errors in either application can lead to delays or refusal, which is why careful preparation on both sides is critical.
186 Visa Streams and Common Issues
The 186 visa is divided into different streams, depending on factors such as whether the applicant is already working in Australia or applying from overseas. Each stream has specific eligibility criteria and documentary requirements..
One of the most common mistakes we see is applicants relying solely on their job title to determine eligibility. In reality, the Department assesses the actual duties of the role, the business context, and how closely the applicant’s employment history aligns with the nominated position. This level of scrutiny means that experienced guidance can significantly reduce risk.
