If you’re looking to retain skilled workers permanently, the Employer Nomination Scheme visa (Subclass 186) could be a strong option for your business. 

Commonly referred to as the 186 visa, it allows Australian employers to nominate skilled workers for permanent residence. Using this pathway as part of your employer sponsorship strategy offers a twofold advantage – first, it helps you keep workers for the long term and second, it’s highly attractive to overseas skilled employees looking to live and work in Australia. 

A Subclass 186 application involves both an employer nomination and a visa application. The visa has three streams, each with its own eligibility criteria. Choosing the right stream is an important first step to securing the right talent. Use this guide to understand the ins and outs of this visa and whether it may be a good choice for your business. 

When should you consider the 186 visa? 

The Employer Nomination Scheme 186 visa allows Australian employers to nominate skilled workers for permanent employment. It can suit an employer who wants to: 

• Permanently retain a worker you already sponsor in Australia 
• Attract and recruit an overseas skilled worker directly into a permanent role 
• Use a labour agreement that provides a permanent visa pathway to secure an employee.  

With three stream options, the one you choose depends on factors such as the worker’s current visa, employment history, occupation and qualifications, as well as your sponsorship arrangements. It’s vital to choose the right stream for your business circumstances to avoid long waits, refused applications or lost application costs. 

What are the 186 visa streams? 

The Employer Nomination Scheme visa has three streams: 

1. Direct Entry 
2. Temporary Residence Transition (TRT) 
3. Labour Agreement 

Each stream has different requirements. Depending on the stream, nominated employees may need to meet requirements relating to English language, age, qualifications, work experience, health and character. 

Let’s look at each stream in greater detail: 

186 Direct Entry stream 

The stream provides a pathway to permanent residence without requiring the worker to first complete a  qualifying period of employer-sponsored employment, hence the name ‘Direct Entry’. Applicants do, however, generally need at least three years of relevant work experience in their occupation.  

Employers can use the Direct Entry stream to recruit skilled workers from overseas, or to nominate eligible workers already in Australia on a substantive visa, such as a temporary work, graduate or student visa.  

Applicants generally need to: 

• Be under 45 at the time of application (unless an exemption applies) 
• Be in an occupation on the Core Skills Occupation List 
• Have at least three years of relevant work experience prior to applying, unless exempt  
• Pass a formal skills assessment for their nominated occupation, unless exempt 
• Meet the required English language standard. 

186 Temporary Residence Transition stream (TRT) 

Employers use this stream to transition an existing sponsored employee from temporary to permanent residence.  

Applicants generally need to: 

• Be under 45 at the time of application (unless an exemption applies) 

• Hold a Subclass 457, 482 or eligible bridging visa 

• Have at least two years of eligible sponsored employment in Australia in the three years before applying 

• Meet the required English language standard. 

Under this stream, a skills assessment isn’t generally required, although Home Affairs may ask an applicant to obtain one. 

186 Labour Agreement stream 

The stream is used if your business has a labour agreement with the Australian Government. Labour agreements allow approved employers to sponsor overseas workers under negotiated arrangements where standard skilled migration programs don’t fully meet their workforce needs. 

Applicants generally need to: 

• Be nominated by an employer under an applicable labour agreement 
• Have the English language ability, work experience and skills required under that agreement 
• Meet any occupation-specific registration or licensing requirements 
• Complete a skills assessment if required by Home Affairs 
• Meet any other requirements set out in the relevant labour agreement. 

Unlike the other 186 streams, there’s scope for concessions to some visa requirements. Using an experienced migration agent can be especially beneficial here to make sure you can access any concessions available under your agreement. 

What documents do you need for a 186 visa application? 

The documents required for a 186 visa application depend on the stream and the applicant’s circumstances. Applicants will generally need to provide the following documents, with English translations where the originals are in another language: 

• Passport and identity documents 
• Evidence of qualifications and work experience 
• Payslips or other employment records where required 
• A positive skills assessment where applicable 
• Evidence of English language ability 
• Police certificates where required 
• Professional registration or licensing documents where applicable 
• Documents supporting any age exemption being claimed 
• Identity and relationship documents for family members included in the application. 

As an employer, you will need to provide separate evidence for your nomination. This can include: 

• Information about your business and the nominated position 
• The employment arrangement  
• The salary offered. 

Incomplete or inconsistent documentation can delay a 186 visa application or create problems during assessment. Providing the right evidence from the beginning can help you bring a new worker into the business or retain an existing employee without unnecessary delays. 

Is there a benefit to using a migration agent for a 186 visa application? 

There are many reasons why partnering with a migration agent can make the 186 visa application process easier.  

While the basic structure of the 186 visa is relatively straightforward, applying the rules to a specific employer and employee is often less so. The first issue is choosing the correct stream. Getting it wrong can result in lengthy delays or at worst, visa refusal. 

After that, employers and applicants need to work through occupation requirements, employment history, skills assessments, salary rules, exemptions and supporting evidence. Gathering these documents and filling out the application correctly can be labour-intensive and at times, confusing.  

A registered migration agent is skilled at assessing your circumstances before an application is even lodged. They can provide general migration advice, identify potential eligibility issues early and help you address them. They’re also well-versed in the application process and can help you prepare comprehensively to reduce the chances of avoidable delays or visa refusals.  

This is particularly important where: 

• A worker has changed employers or visa types 
• Previous sponsored employment needs to be counted towards the Temporary Residence Transition stream requirements 
• A skills assessment is required 
• An age or other exemption applies 
• Salary requirements need to be assessed 
• A labour agreement applies 
• The employer is managing several sponsored workers. 

Australian migration law is never stagnant. The government regularly indexes income thresholds, updates occupation settings and amends visa requirements. Information that was correct for a previous sponsorship application may no longer apply to a new one. 

Getting migration help before lodging an application can reduce the risk of relying on outdated rules or preparing an application under the wrong pathway. 

If you’re looking for help with your visa application, make sure the person providing immigration assistance is authorised to do so. In Australia, the Office of the Migration Agents Registration Authority regulates registered migration agents. 

For businesses that sponsor workers regularly, working with a migration agency can also make it easier to manage employer sponsorship as part of a wider recruitment and workforce strategy. 

Need help with a 186 visa application? 

As an Australian employer, the 186 visa offers you a pathway to retain or recruit overseas skilled workers on a permanent basis. It’s important to understand the nuances of this visa, especially as the right approach depends on the employee, the role and the stream you use. 

Migration Ways works with employers and skilled workers to assess eligibility, identify the appropriate pathway and manage Employer Nomination Scheme applications from nomination through to visa lodgement.  

If you’re unsure whether the 186 visa is the right visa for your business, contact our expert team. We can discuss your company circumstances and advise you on the best options to secure the overseas skilled employees you need to keep your business thriving.