EMPLOYER NOMINATION SCHEME (186, 187)
There are 3 streams under the 186 Employer Nomination Scheme (TRTS). The 186 visa is a permanent residence visa.
Please note that the 187 Temporary Residence Transition Stream is only open. The requirements are the same as the 186 Temporary Residence Transition Stream, except the position and business must be in a regional area and the nomination fees for 187 TRTS is zero. The 187 Direct Entry stream is now closed and now been replaced by the subclass 494 visa.
Subclass 186 Nomination Guide
Subclass 186 Nomination Guide
1. Business Structure
- Must be legally established and actively operating in Australia
- Trusts cannot nominate – only the trustee may apply
- Verify identity via ABN Lookup (must match Australian Business Register)
- Acceptable entities:
- Sole traders
- Partnerships
- Companies
- Government bodies
- Incorporated associations
2. Active & Lawful Operation
- Business must be actively trading (no “shelf companies”)
- Properly registered with:
- ABN
- ACN/ARBN (if applicable)
- Registered business name
3. Financial Capacity
- Must prove ability to employ nominee full-time for 2+ years
- Must pay Annual Market Salary Rate (AMSR)
- Required documents:
- Tax returns
- BAS statements
- Profit/loss statements
- Balance sheets
- Accurate declaration of annual turnover
4. Skilling Australians Fund (SAF) Levy
| Turnover | SAF Levy |
|---|---|
| < AUD 10 million | AUD $3,000/year ($6,000 total) |
| ≥ AUD 10 million | AUD $5,000/year ($10,000 total) |
| < AUD 400,000 (small business) | 50% discount |
5. Nomination Fee
| Stream | Fee |
|---|---|
| TRT Stream | AUD $420 |
| DE Stream | AUD $720 |
| LA Stream | AUD $420 |
| Regional positions | No fee |
6. Compliance Record
- No adverse immigration history
- Satisfactory workplace law compliance
- All SAF debts paid
7. Position & Employment Must Be Genuine
- Real position matching eligible skilled occupation
- Full-time employment (38 hrs/week) under direct control
- Contract must allow extension beyond 2 years
- Conditions no less favorable than Australian workers
Stream-Specific Requirements
| Stream | Who Can Be Nominated? | Key Requirements | Occupation List |
|---|---|---|---|
| TRT (Temporary Residence Transition) |
Current 457/482/bridging visa holders already working for you | • Held relevant visa while working • Position aligns with visa occupation • You were last approved sponsor |
Not list-dependent |
| DE (Direct Entry) |
Skilled workers overseas/in Australia (ineligible for TRT) | • No on-hire to unrelated businesses • Stricter business need assessment • Financial capacity verification |
ENS eligible occupations list |
| LA (Labour Agreement) |
Workers under active Labour Agreement | • Valid Labour Agreement party • Occupation specified in agreement • Nomination ceiling not exceeded |
Specified in agreement |
⚠️ Common Pitfalls & Important Notes
- ABN Mismatch: Entity name must exactly match ABR records
- Direct Control: Nominee must be direct employee (not contractor)
- Position Genuineness (DE): Justify need for role, especially in new businesses
- Financial Viability: Recent losses require explanation
- December 2024 Reforms:
- Skills in Demand (SID) visa replaces TSS
- Core Skills Income Threshold (CSIT) replaces TSMIT
- Relaxed occupation matching for TRT
✅ After Nomination Approval
- Nominee must separately apply for Subclass 186 visa
- Employ nominee full-time for minimum 2 years at AMSR
- Maintain compliance with all Australian workplace laws
186 Visa Application Guide
Your Complete Guide to the Australian Subclass 186 Visa (Employer Nomination Scheme)
1. What is the Subclass 186 Visa?
- Permanent Residency: Live and work in Australia indefinitely
- Employer-Sponsored: Requires an approved Australian employer to nominate you
- Three Streams: Eligibility depends on application stream:
- Temporary Residence Transition (TRT): For current 457/482 visa holders with ≥2 years employment with sponsor
- Direct Entry (DE): For offshore skilled workers or those ineligible for TRT (requires skills assessment + 3 years experience)
- Labour Agreement (LA): For workers sponsored under government Labour Agreements
2. Core Eligibility Requirements (All Streams)
- Nomination: Approved Australian employer nomination for genuine position
- Age: Generally under 45 at application [Key Exceptions Below]
- English Language: “Competent English” required (e.g., IELTS 6.0 in each band) [Limited Exceptions]
- Skills & Qualifications: Meet occupation-specific requirements
- Health & Character: Pass medical exams and police checks
3. Stream-Specific Requirements
Temporary Residence Transition (TRT) Stream
- Current Visa: Hold (or recently held) subclass 457, 482, or (from Dec 2024) 482 Skills in Demand visa
- Work Experience: Full-time work with nominating employer in nominated occupation for ≥2 years out of last 3 years
- Age Exemptions: Academic applicants, Legacy 457 workers, Regional medical practitioners, Science applicants, Subclass 457/482 workers, Transitional 457 workers under 50
Direct Entry (DE) Stream
- Skills Assessment: Positive assessment from relevant authority (valid 3 years)
- Work Experience: ≥3 years full-time post-qualification experience
- Age Exemptions: Academic applicants, Science applicants, Subclass 444/461 holders
- Occupation Lists: Nominated occupation must be on skilled occupation list
Labour Agreement (LA) Stream
- Agreement Specific: Employer must have active government Labour Agreement
- Requirements Defined by Agreement: Age/English/skills criteria vary per agreement
- Position Availability: Nominated position must remain available
4. Age Exemptions
- Academic Applicants: University-nominated Lecturers/Faculty Heads
- Regional Medical Practitioners: 2+ years regional work on 457/482 visa
- Science Applicants: Researchers/scientists nominated by government/science agencies
- Subclass 444/461 Workers: NZ citizens/family with 2+ years employment
- Subclass 457/482 Workers: 2+ years employment + High Income Threshold earnings
- Legacy 457 Workers: Held 457 visa on/after 18 April 2017, met residency requirements
- Transitional 457 Workers Under 50: Held/applied for 457 visa on 18 April 2017
5. Application Process Overview
- Employer Applies for Nomination: Must lodge and gain approval before visa application
- Visa application lodged with supporting documents
- Health examinations and character checks completed
- Visa decision notification
Important Consideration
Family Violence Provisions: Special provisions exist for family members if relationship breakdown occurs due to family violence by primary applicant.
The streams are:
- Temporary Residence Transition Stream – For 457/482 holders who have worked for 2 years in Australia on a 457/482 and then can apply for PR through this stream.
- Direct Entry Stream – For anyone who has a positive skills assessment and 3 years full-time experience can apply for PR through this stream.
- Labour Agreement – This is only available in limited circumstances where the applicant is sponsored via a labour agreement. The requirements for age, English and all other requirements will be specifically mentioned in the Labour Agreement itself.
TEMPORARY RESIDENCE TRANSITION STREAM
For 457/482 holders who have worked for 2 years in Australia on a 457/482 and then can apply for PR through this stream. The applicant must be working in the same occupation with the same employer for 2 years. Please note no skills assessment is required for this stream.
There are 2 steps involved in this stream:
- Nomination
- Visa Application
Nomination Requirements
For a nomination, the business must be lawful, active, operating:
- Lawfully registered business
- Operating as a business
- There must be a genuine position need within the business to fill a position that is full-time, available and ongoing for at least 2 years
- Skilled Australia Fund Levy:
- is $3000.00 if your annual turnover is less than $10 million
- is $5000.00 if your annual turnover is more than $10 million
Visa Application Requirements
- The applicant must be 45 years age or under.
- At time of application, the applicant can be in or outside Australia. If the applicant is in Australia, they must hold a substantive visa or BVA, BVB, BVC.
- At time of decision, applicant can be in or outside Australia
- Employer must pay the Annual Market Salary Rate to the applicant
- Income paid must be minimum of $76, 515.
- English level as below:
- Have passport and are a citizen of USA, UK, NZ, Ireland or Canada OR achieve the English levels below:
| International English Language Testing System (IELTS Academic or General Training) | Minimum 6 in each of the 4 components |
| Test of English as a Foreign Language internet-based Test (TOEFL iBT) | Minimum 12 for listening, Minimum 13 for reading, Min 21 for writing and Min 18 for speaking |
| Pearson Test of English Academic (PTE Academic) | Minimum 50 in each of the 4 components |
| Occupational English Test (OET) | Minimum B in each of the 4 components |
| Cambridge C1 Advanced test | Minimum 169 in each of the 4 components |
DIRECT ENTRY
For anyone who has a positive skills assessment and 3 years full-time experience can apply for PR through this stream.
There are 2 steps involved in this stream:
- Nomination
- Visa Application
Nomination Requirements
For a nomination, the business must be lawful, active, operating
- Lawfully registered business
- Operating as a business
- There must be a genuine position need within the business to fill a position that is full-time, available and ongoing for at least 2 years
- Skilled Australia Fund Levy:
- is $3000.00 if your annual turnover is less than $10 million
- is $5000.00 if your annual turnover is more than $10 million
Visa Application Requirements
- Occupation must on the MLTSSL 186 occupation list.
- The applicant must be 45 years age or under.
- At time of application, the applicant can be in or outside Australia. If the applicant is in Australia, they must hold a substantive visa or BVA, BVB, BVC.
- At time of decision, applicant can be in or outside Australia
- Employer must pay the Annual Market Salary Rate to the applicant
- Income paid must be minimum of $76, 515 (TSMIT)
- English level as below:
- Have passport and are a citizen of USA, UK, NZ, Ireland or Canada OR achieve the English levels below:
| International English Language Testing System (IELTS Academic or General Training) | Minimum 6 in each of the 4 components |
| Test of English as a Foreign Language internet-based Test (TOEFL iBT) | Minimum 12 for listening, Minimum 13 for reading, Min 21 for writing and Min 18 for speaking |
| Pearson Test of English Academic (PTE Academic) | Minimum 50 in each of the 4 components |
| Occupational English Test (OET) | Minimum B in each of the 4 components |
| Cambridge C1 Advanced test | Minimum 169 in each of the 4 components |
We have vast experience and knowledge in 186, 187 nominations and visas. Please contact us today on info@visaeducationexperts.com.au or +61 414 588 942.
Information provided in this website is general in nature and does not constitute immigration advice.
The information on this website can change without notice and we do not guarantee the accuracy of information.
Every effort has been made to ensure that the information provided is accurate. Individuals must not rely on the information in this website to make a visa or immigration decision. Before making any decision, we recommend you consult a migration agent or lawyer to take into account your particular situation and individual needs.
Please note that any immigration advice provided only and only constitutes immigration assistance as per s276 of the Migration Act 1958 (It does not include or constitute any other type of advice apart from immigration assistance as per s276 of the Migration Act 1958).
