Employer Nominated Scheme 186 | Wintr Consulting

Employer Nominated Scheme (Subclass 186)

Permanent residency for skilled workers nominated by an Australian employer.

The Employer Nominated Scheme (subclass 186) visa is a permanent residency visa and requires nomination from an Australian employer. Most applicants for this visa will already be working for the employer on a subclass 482 visa.

Permanent Residency

Live, work, and study anywhere in Australia without restrictions.

Healthcare

Enrol in Australia’s healthcare system, Medicare.

Sponsorship

Become a sponsor for eligible family members for temporary and permanent residence.

Citizenship

Apply for Australian citizenship once you meet residency requirements.

Visa Streams

Direct Entry (DE) Stream

The Direct Entry (DE) stream of the Employer Nomination Scheme (subclass 186) visa offers skilled employees permanent residency pathways through nomination by an Australian employer. Suitable if you do not hold a subclass 482 visa, or your employer is willing to nominate directly due to a genuine need. Foundation requirements include:

Positive skills assessment in nominated occupation (must be on Core Skills Occupation List).
Minimum 3 years of relevant work experience.
Competent English.
Under 45 years of age (exemptions may apply).

Case Study: The Advertising Specialist

Scenario: You are in Australia on a Working Holiday visa (subclass 417). You work at an advertising agency as a Team Lead where you manage high profile clients and projects. Your employer has spoken to you about a long term position, and they are aware of your visa conditions being that you can only work for them for six months.

Your employer is keen to secure your skills as you bring to the table five years of experience in your home country, and your clients share excellent reviews of your performance. You are enjoying your role and committed to growing your talent within the business. You and your employer research options on how to secure your role permanently in Australia and are overwhelmed with different information online. You have many questions about document preparation, work rights, and if your employer can nominate you.

Outcome: You contact Wintr Consulting for a consultation and book for you and your employer to attend together. You learn your occupation best aligns with the occupation Advertising Specialist and you meet the skill level amongst other requirements. Your employer explains the Team Lead role was previously held by an Australian employee who resigned, and that you are the best candidate to continue to this position. They are thrilled to learn they’re eligible to nominate you for the subclass 186 visa, Direct Entry stream. There’s a lot of work to be done but you feel confident moving forward.

Temporary Residence Transition (TRT) Stream

The Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (subclass 186) visa provides a pathway to permanent residency for skilled workers already employed in Australia, and who hold a subclass 482 visa.

Minimum 2 years sponsored employment.
Competent English.
Under 45 years of age (exemptions may apply).
Genuine position evidence required from employer.

Case Study: Unpaid Leave & Eligibility

Scenario: You have been working with your employer on a subclass 482 visa for almost two years, and there’s one year remaining on your subclass 482 visa. You have a meeting with your employer to discuss your permanent residency application; you had to take 10 weeks of unpaid leave during a family emergency last year, so you want to understand its implications.

Your employer is on board with nominating you for permanent residency as the business is thriving, especially with your skills and experience.

Outcome: You contact Wintr Consulting for a consultation and learn unpaid leave does not count towards the sponsored employment requirement, which means your eligibility for the subclass 186 TRT stream visa will be extended until a time you can complete the requirement with full time working hours.

Labour Agreement Stream

The Labour Agreement stream of the Employer Nomination Scheme (subclass 186) visa allows skilled employees to gain permanent residency through an employer who has a labour agreement with the Australian Government. Labour agreements are formal arrangements between an employer and the Government that enable the nomination of skilled workers in circumstances where their skills and experience do not meet the standard visa programs.

This stream can allow certain concessions to standard visa requirements, such as age limits, English language scores, and skill level, depending on the terms of the agreement. Applicants must be nominated for a position included in the labour agreement and meet the specific requirements outlined in that agreement.

The employer must be an approved party to the labour agreement and demonstrate that the nominated role is genuine and cannot be filled from the local labour market. Applicants must also meet health and character requirements.

Case Study: The Youth Ministry Leader

Scenario: You are a Youth Ministry Leader for your church, and you hold a subclass 482 visa in the Labour Agreement stream. Your Youth Ministry has grown to include over 50 youth members, and the church is pleased to see strong structure within the ministry.

The church has expressed their willingness to secure your role permanently in Australia, for your ongoing work with the Youth Ministry. You have read online permanent residence visas have an age limit of 45 at time of application, and you just had your 48th birthday.

Outcome: You contact Wintr Consulting and learn the age limit for Minister of Religion Labour Agreements carry a higher age limit of 60 at time of visa application. This gives you reassurance and with the support of your church and its congregation, you begin your permanent residence application.

Frequently Asked Questions

Can I apply for the 186 visa from outside Australia, or must I already be in Australia?

You can apply from inside or outside of Australia depending on the stream. The stream you choose may affect requirements and eligibility. For example, work arrangements under a sponsoring employer.

Do I always need a skills assessment for the 186 visa?

A Skills Assessment is mandatory only for the Direct Entry (DE) stream. A skills assessment may be required for the Labour Agreement stream depending on the nature of the agreement.

Is there an age limit, and are there exemptions?

Yes, applicants must be under 45 years of age at the time of application. Various exemptions are in place for each stream such as high-income earners (earning above the FWHIT), applicants nominated for an academic position (e.g. lecturer) or by a scientific research agency, health sector workers who meet certain regional or experience requirements, and certain subclass 444 or subclass 461 visa holders. Contact us today to discuss which stream is best suitable for you.

Once the 186 visa is granted, do I have to stay with my nominating employer?

You are expected to remain with your nominating employer in the nominated role for a reasonable period of 2 years to demonstrate that the nomination was genuine. After that period, you may change employers.

Do I need to meet an English requirement? How high must my level be?

Yes, you must have Competent English (IELTS 6.0 in each band or equivalent) unless exempt. Some exemptions apply, for example, applicants who hold a passport from a recognized English-speaking country or who completed sufficient study in English under specified conditions.

What is the required work experience in my nominated occupation?

DE requires a minimum of 3 years of relevant full-time work experience in the nominated occupation. TRT requires you to have already worked in that occupation for the nominating employer for 2 years on a subclass 482 visa. Under the new rules introduced in late 2024, time spent working on a 482 visa with multiple approved sponsors can now be counted cumulatively towards the 2 year requirement for the TRT stream. This means you no longer need to complete the two years exclusively with a single employer, as long as you were employed in the same nominated occupation under valid 482 sponsorships.

Can I include family members in my 186 visa application?

Yes. You can include your spouse (or de facto partner) and dependent children in your application. If the visa is granted, eligible family members will also receive permanent residency. They must meet health and character requirements of their own.

Can 482 visa holders on the Short-term Skilled Occupation List (STSOL) now apply for the 186 visa?

Yes. As part of the April 2024 migration reforms, 482 visa holders in occupations on both the Short-term and Medium-term lists are now eligible for the Subclass 186 visa under the Temporary Residence Transition (TRT) stream. This change removes the previous restriction that limited access to MLTSSL occupations only. The key conditions are that you have worked in the nominated occupation for at least two years on a 482 visa (time with multiple sponsors can now count cumulatively) and that you meet all other eligibility criteria.

If my employer’s business is sold or changes ABN, does my 186 nomination remain valid?

No, not automatically. A change in business ownership or ABN means the new entity must lodge a new nomination unless in very limited circumstances. Evidence such as ASIC records, transfer of assets, and continuity of employment may support the case. Contact us today to discuss further.

Can I apply for the 186 visa if I am on a Bridging visa?

Yes. If you are in Australia on a Bridging Visa A, B, or C you may apply for the 186 visa. Your bridging visa will continue while the 186 application is being processed.

What happens if my employer withdraws their nomination after I lodge my 186 visa?

If the employer withdraws the nomination before a decision is made, the visa application cannot proceed and will be refused. A nomination cannot be ‘withdrawn’ as such once the visa is granted and may naturally result in end of employment. Contact us today if you need to discuss further.