186 visa – 10 Useful Things to Know

Person sitting. 186 visa refusal

No. 1: What are the most common reasons that cause 186 visa application refusals?

The most common reason for the Department to refuse 186 visa applications would be due to the Department refusing the business 186 nomination application, which is nominating your full-time role. There are a number of requirements that need to be satisfied by your sponsoring business and your nominated role for the Department to approve the business’ 186 nomination application – examples of how the nomination application can fail these requirements include:.

  • Your nominated salary for the 186 nomination failing to satisfy the ‘market salary’ requirement
  • Your employer’s financial position indicates that the business will not be able to pay your nominated salary and/or raises concerns in relation to the financial viability of the business
  • Your employer’s size, products/services and/or financial position indicates that the business does not have a need for your nominated full-time role
  • Your nominated role and work duties do not align with your nominated ANZSCO occupation description and duties

No. 2: I’ve lodged my 186 visa application, and the company has lodged the nomination application. How long is it going to take to process?

The Department’s current (July 2024) processing times are approximately:

Direct entry stream: 6-12 months or potentially longer depending on the complexity of your application

Temporary residency transition stream: 6-12 months or potentially longer depending on the complexity of your application

Please note that the above information is only providing estimated processing time information based on our recent experience, and actual processing times will vary for each individual application. Generally speaking, more complicated applications which may have issues satisfying the relevant legal requirements may take the Department longer to assess and decide.

No. 3: Can I contact the Department or my case officer directly and ask for an update on my application?

You can, or your representative can do this on your behalf. However, generally speaking, the Department will not provide you with a personalised response to follow-up emails. Unfortunately, the Department generally sends generic responses with processing time information. 

Skycraper. 186 visa

No. 4: I have obtained my 186 visa. However, I need to leave my employer before I have completed 2 years of post visa approval employment. What is going to happen to my visa?

186 visa holders tend to worry about whether their permanent residency visa will be cancelled if they leave their employer before completing 2 years of employment. 

From our experience, even if the Department is informed about your cessation of employment, they will not act to cancel your permanent residency visa unless they are provided with some evidence of fraud or misleading behaviour in your visa application. For example, leaving your visa sponsor shortly after your 186 visa is approved may cause the Department to investigate.

No. 5: I’ve lodged my 186 visa application and/or the company has lodged the nomination application. However, ‘something’ has come up and I don’t think that I will be able to work in the nominated position. What is going to happen?

As part of the 186 nomination application, your employer/sponsor needs to confirm that your nominated position will be available for at least 2 years on a full-time basis from the date of visa approval. Also, the terms and conditions of your employment cannot exclude the possibility of you extending your employment beyond the initial 2 years.

 

If your nominated position is no longer available, then your employer/sponsor may need to consider withdrawing their 186 nomination application if they no longer need this.

 

Unfortunately, the Department can’t approve a 186 visa application if the employer withdraws the 186 nomination application, or if the Department becomes aware that the nomnated role is no longer available.

 

No. 6: For the Temporary Residence Transition Stream, can I count work from another employer, or work that I completed while holding a visa other than a 457 or 482 TSS visa?

You can only count the duration of your employment as a 457  or 482 visa holder (not any other visas). The employment must be with the sponsor for your 186 visa. Generally speaking, you cannot count employment with a previous employer.

 

Your work as a 457  and/or 482 visa holder must be in the same role, or a similar role, as the role that is the subject of the 186 visa application (i.e. you cannot count employment in a different role, even if it is with the employer that is sponsoring you for the 186 visa).

To prevent inefficiencies resulting from the 457/TSS visa ceasing a few days short of a visa holder meeting the two year requirement and necessitating obtaining a further TSS visa to meet this requirement, decision makers can consider applications where lodgement has occurred a few days prior to the two year date in consultation with Program Management.

Laptop. 457 visa.
Kangaroo. 186 visa.

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No. 8: What is the English language requirement for the 186 visa?

Please see post in relation to the English language requirement for th 186 visa, and the available exemption. This post also covers the English language requirement for dependent family members that are 18 years old or older.

No. 9: Do I need to work for 2 years as a 482 TSS visa holder before I can apply for a ENS 186 visa?

You may be able to apply earlier under the Direct Entry Stream if you have 3 years of full-time relevant work experience, and a skill assessment for your nominated occupation.

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No. 10: I’m on a 457 or 482 TSS visa. I can submit a 186 visa application without my employer’s sponsorship?

No. You must be sponsored by an employer in order to lodge a 186 visa application. You cannot even start the online 186 visa application form until your employer has at least started to prepare the 186 nomination application (you need the reference ID from the nomination application in order to start the visa application).

Peng Cheng - Migration Agent, Sydney

Peng

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Over 15 years of specialised visa and migration law experience. We have a long history of high approval rates with complex applications and Tribunal appeals.

We can generally guarantee approval for most types of applications. We will refund you our professional fees if your application is refused. Terms & conditions apply.

We are with you all the way, and we will help you prepare the best application possible.

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Qualifications

Registered Migration Agent (MARN: 1172863)

Bachelor of Laws (Hons) – University of Sydney

Bachelor of Economics – University of Sydney

Comments

291 thoughts on “186 visa – 10 Useful Things to Know”

  1. Nirmal

    Hi Peng, I Need your advice
    Actualy i have applied 186 nomination and visa in last year, visa is till in progress. But my employer sold his business to another company.I am working with new employer now but my old company did not get withdrawal yet and old abn still active and linked with the same business name which name nominates me.
    1. My question is that if i got my 186 visa after company sold . Is this will be valid .
    Please let me give some suggestions

    Reply
    1. My Access Australia

      Hi Nirmal,
      Unfortunately the Department may not be able to approve your 186 nomination application but the business and ABN that sponsored your application will no longer provide you with employment going into the future.

      Reply
  2. JM

    Hi Peng,

    I hope you are doing well. I would like to ask about my TRT 186 Visa. Based on the Department of Home Affairs website, it says that in my obligation they expect me to work for my nominating employer for at least 2 years. Please enlighten me if the 2 years obligation is mandatory. I am almost 17 months now since my TRT 186 Visa was granted. What will happen if I change my employer or resign, will it affect my permanent residency visa?

    And also I obtain my Australian Citizenship, is this obligation still applicable in citizenship situation?

    Thank you in advance.

    JM

    Reply
  3. Nicola

    My company is wondering can they do the nomination themselves are will this require an agent? Would they be ok to nominate me themselves and then I can engage a immigration agent/lawyer to do the visa?

    Reply
    1. My Access Australia

      There isn’t any legal requirement to use an agent/solicitor – the business can lodge their own application if they wish.

      Reply

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