Employer Nomination Scheme Visa (Subclass 186) | PV Lawyers

Overview

The Employer Nomination Scheme visa (subclass 186) is a permanent residence visa for skilled workers nominated by an Australian employer. This visa allows you to live and work in Australia permanently without the restrictions of a temporary work visa.

The 186 visa is one of the primary pathways to permanent residence for employer-sponsored workers. It is particularly relevant for holders of temporary work visas such as the subclass 482, who have worked for their employer for the required period.

Unlike temporary work visas, the 186 visa provides immediate permanent residence with no restrictions on changing employers or occupations after the visa is granted.

Visa Streams

The Employer Nomination Scheme visa has three distinct streams, each with different eligibility requirements:

Temporary Residence Transition Stream

For workers who have held a qualifying temporary work visa (such as a 482 or former 457 visa) and have worked for their nominating employer for the required period. This stream recognises the contribution you have already made to your employer and the Australian economy.

Direct Entry Stream

For workers who have not previously held a temporary work visa, or who do not meet the requirements for the Temporary Residence Transition stream. This stream generally requires a skills assessment and may be suitable for workers being recruited from overseas.

Labour Agreement Stream

For workers sponsored under a labour agreement between an employer and the Australian Government. The specific requirements are determined by the relevant labour agreement.

The stream you apply under will depend on your visa history and the arrangements your employer has in place.

Key Requirements

To be eligible for the Employer Nomination Scheme visa, both the nominating employer and the visa applicant must meet specific requirements.

Employer requirements:

Be an approved sponsor or apply for sponsorship
Nominate a genuine position that meets the requirements of the relevant stream
Pay market salary rates and comply with Australian workplace laws
Meet training benchmark requirements where applicable

Applicant requirements:

Have a valid nomination from an approved sponsor
Meet the requirements of the relevant stream (including work history or skills assessment)
Be under 45 years of age at time of application (exemptions may apply)
Have competent English language ability
Meet health and character requirements
Have the skills and qualifications required for the nominated occupation

Requirements vary depending on the visa stream. Our immigration lawyers can assess your specific circumstances and advise on your eligibility.

Temporary Residence Transition

The Temporary Residence Transition stream is the most common pathway to permanent residence for holders of temporary work visas.

Qualifying visas

You must hold, or have held, a qualifying temporary work visa such as the subclass 482 (or former 457). The specific requirements depend on when your temporary visa was granted and which stream you were on.

Work requirement

You must have worked for your nominating employer for the required period in your nominated occupation. The period is generally three years, though this may vary depending on your temporary visa stream and occupation.

Same employer

The employer nominating you for the 186 visa must be the same employer (or an associated entity) who sponsored your temporary work visa. This ensures continuity of employment and a genuine ongoing need for the position.

Occupation and salary

You must continue to be employed in an occupation that meets the requirements, and your employer must continue to pay market salary rates.

Direct Entry Stream

The Direct Entry stream provides a pathway to permanent residence without the requirement to have previously held a temporary work visa.

Skills assessment

Applicants in this stream must generally obtain a positive skills assessment from the relevant assessing authority for their nominated occupation. This confirms that you have the skills and qualifications required.

Occupation list

Your nominated occupation must be on the relevant occupation list for this stream. The occupation lists are updated regularly, and your occupation must be on the list at the time of application.

English language

You must demonstrate competent English language ability. This is generally demonstrated through an English language test, though some exemptions may apply.

Age requirement

You must generally be under 45 years of age at the time of application. Exemptions may apply in limited circumstances, such as for certain academics or high-income earners.

How We Can Assist

The Employer Nomination Scheme involves requirements for both employers and visa applicants. Careful preparation is essential to ensure all requirements are met.

Our services include:

Assessing eligibility for the 186 visa and advising on the appropriate stream
Advising employers on sponsorship and nomination requirements
Preparing and lodging nomination applications
Preparing and lodging visa applications with comprehensive supporting documentation
Coordinating the timing of nominations and visa applications
Responding to requests for further information from the Department
Advising on any issues that may affect the application

Every case is different. Contact us to discuss your specific circumstances and how we can assist with your 186 visa application.

Frequently Asked Questions

For the Temporary Residence Transition stream, you generally need to have worked for your employer for at least three years in your nominated occupation while holding a qualifying temporary visa. The exact period may vary depending on your visa stream.

Yes. Once your 186 visa is granted, you have permanent residence with unrestricted work rights. You are free to change employers, change occupations, or start your own business.

It depends on the stream. The Direct Entry stream generally requires a skills assessment, while the Temporary Residence Transition stream does not, as you have already demonstrated your skills through your employment history.

You must generally be under 45 years of age at the time of application. Exemptions may apply in limited circumstances, such as for certain academics, scientists, or high-income earners nominated by their employer.

Yes, you can include your spouse or de facto partner and dependent children in your visa application. They will also receive permanent residence.

Employer Nomination Scheme (Subclass 186)