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

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 on a Working Holiday Visa (417) working as a Team Lead at an ad agency. Your employer wants to keep you, but your visa limits you to 6 months.

Outcome: Wintr Consulting identifies that your role aligns with "Advertising Specialist". Because you have 5 years of overseas experience and meet the skill level, your employer can nominate you for the 186 Direct Entry stream immediately.

Temporary Residence Transition (TRT) Stream

Provides a pathway for skilled workers already employed in Australia on a subclass 482 visa. Recent changes mean any time worked while sponsored on the same nominated occupation on the subclass 482 visa will count towards the 2-year eligibility (even with multiple sponsors).

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 worked on a 482 visa for almost 2 years but took 10 weeks unpaid leave for a family emergency. You worry this affects your PR eligibility.

Outcome: Upon consulting Wintr, you learn that unpaid leave does not count towards the employment requirement. Your eligibility date is simply extended until you make up those 10 weeks of full-time work.

Labour Agreement Stream

Allows skilled employees to gain permanent residency through an employer who has a formal labour agreement with the Australian Government. This stream can allow concessions to standard requirements (age, English, skill level).

Case Study: The Youth Ministry Leader

Scenario: You are a Youth Ministry Leader on a 482 visa under a Labour Agreement. You are 48 years old and worried about the standard 45-year age limit.

Outcome: Wintr Consulting advises that the "Minister of Religion" Labour Agreement carries a higher age limit of 60. You can proceed with your application with confidence.

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.