10 Useful Things to Know | 186 visa

The below are the 10 most common questions that I receive in relation to the Employer Nomination Scheme Subclass 186 visa.


Also, in this post, we outline the eligibility requirements for the 186 visa for the primary visa applicant in detail.


10 Useful Things to Know - 186 visa

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 processing time for the 187 nomination and visa applications increased significantly in 2017. The Department’s current processing times are approximately:. The Department’s current processing times are approximately:

Direct entry stream: 12-18 months or potentially longer depending on the complexity of your application (we do note that the Department’s current processing time varies a lot at the moment. We do tend to find that applications by larger businesses are generally assessed with quicker processing times, perhaps due to the Department having less concerns with such applications in terms of the business’ need for the nominated role, and the business’ capacity to pay the proposed salary)

Temporary residency transition stream: 12-18 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.

Please also see Department website in relation to current processing time information:

Stream 75 per cent of applications processed 90 per cent of applications processed
Temporary Residence Transition stream 12 months 13 months
Direct Entry stream 11 months 16 months
Agreement stream Unavailable due to low volume of applications. Unavailable due to low volume of applications.

Please do not ask me to predict the processing time for your application, or why there is a long delay with the processing of your application. I honestly do not have an answer for you. If you want an update in relation to your application, you will need to contact the Department.

Can I contact DIAC or my case officer directly and ask for an update on my application?

You can certainly do this. It is your application so even if you have a solicitor or migration agent acting for you. You can call up or email yourself and ask for an update.

But do not be surprised if this does not achieve much. Following up with the Department is not going to result in faster processing for your application. It may be difficult to contact your case officer directly, and you may not receive a clear response or any useful information (or any response at all).

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 once the visa is approved. What is going to happen?

As part of the application, your sponsor makes the commitment that the nominated position will be available for 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.

I am going to assume that sponsor has lodged the 186 nomination application and that the Department has not made a decision yet. You may or may not have lodged the 186 visa application. In this situation, if for whatever reason, the nominated position is no longer available, or if your sponsor is no longer able to make the commitment that is outlined above, then your sponsor’s nomination application no longer meets the eligibility requirements for nomination approval. Once your employer has determined that the eligibility requirements are no longer met, the nomination application should be withdrawn (and any associated visa application should also be withdrawn since the visa application cannot be approved without an approved nomination).

The above scenario can result from any number of causes, and may not be caused by the visa applicant at all. Below are some examples that I have encountered:

a) Due to my sponsor’s business slowing down, my nominated position has been made redundant / my employer is no longer able to provide me with full-time work / my employer cannot make the commitment that the nominated position will be available to me for 2 years from the date of visa approval; and

b) Due to personal circumstances (e.g. illness, situation with family member etc.), I am no longer able to work in the nominated role.

The cause can basically be any reason. It may be due to the action or situation of the sponsor, or the visa applicant. The result should be the same though. A ENS 186 visa is a permanent residency visa that is associated with a particular approved nominated position. If the nomination position is no longer available, or if the role no longer meets the eligibility requirements, then the nomination application should be withdrawn.

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?

I have heard of all sorts of reasons for why people want or need to leave his or her employer. The below are just some examples:

  1. My employer is making me do duties which are not in my nominated role – I do not want to do these tasks
  2. My employer is not paying me the salary that was specified in my contract and/or visa application
  3. The ownership of my employing company has changed – I do not get along with the new management / owner
  4. I have been offered a role with another company and I want to take this
  5. My employer no longer needs my services and they have terminated my employment

Once you become an Australian permanent resident, the situation does change a bit. Generally speaking, there is nothing from a migration law perspective that can really prevent you from changing your employer or your role.

People tend to worry about whether their permanent residency visa will be cancelled if they leave their employer before completing 2 years of employment. But I would say that this generally will not occur unless you have provided the Department with ‘false or misleading information, or bogus documents either knowingly or otherwise’.

In my view, 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 clear evidence of fraud or misleading behaviour in relation to your visa application.

Do I need to work for 3 years on a 457 and/or 482 TSS visa in the nominated position before I can apply for a ENS 186 visa?

Not necessarily. There are three eligibility pathways which you can satisfy in order to obtain a 186 visa. Completing 3 years of work as a 457 and/or 482 TSS visa holder in the nominated role with your sponsoring employer is just one of the pathways, which is called the Temporary Residence Transition stream.

Have a read of this post which explains the Temporary Residence Transition Stream and the pathway under the Direct Entry Stream.

The following transitional arrangements only apply if you held a Primary 457 visa, or was applying for a Primary 457 visa, on 18 April 2017:

Two years of work as a 457 (and 482 TSS if applicable) visa holder: The primary applicant only needs to have at least two years of full-time work as a 457 and/or 482 TSS visa holder in the last three years under these transitional arrangements. You must complete these two years of work with your sponsoring employer for your 186 nomination and visa applications, and in the nominated role which was approved for your 457 and/or 482 TSS visa. You can also count time on a bridging visa, if you were applying for a 457 or 482 TSS visa application, and you were already the holder of a 457 or 482 TSS visa. You must complete the full two years of work before your sponsoring employer lodges their nomination application, and you lodge your visa application.

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 TSS visa holder (not any other visas). The employment must be with the sponsor for your 186 visa. You cannot count employment with a previous employer.

Your work as a 457  and/or 482 TSS visa holder must be 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 with a different role, even if it is with the employer that is sponsoring you for the 186 visa).

What is the English language requirement for the 186 visa?

I have outlined English language requirement and the available exemptions. This post also covers the English language requirement for included dependents that are over the age of 18 years.

How much should I be paid if I obtain a 186 visa? What if I am not paid the salary specified in my contract and the nomination application?

Have a read of the ‘Market Rate’ requirement. If your sponsor is not paying you the salary specified in my contract and the nomination application, then this is more of a contract law and employment law issue. You can notify the Department, but I am not sure what action, if any, the Department would take in such a situation.

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).

Do I need a positive skills assessment outcome for my nominated occupation?

You need a positive skills assessment for your nominated occupation if you are applying under the skills assessment pathway of the  Direct Entry Stream.

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JR Ly

Hi, did some searches and can’t find a definite answer. I’ve been in 457 visa for 4yrs and was granted 186 6months ago with the same employer(bridging visa in between). Been working for them in last 5 years and I want to apply to other company, which gives more competitive rates. Will ending my employment affect my visa?

Charlie

Hi,
I’m a 485 visa holder and have 1.5 years experience in acxounting with two different employers in Melbourne . My visa expires in another 5 months and is there any posibility that i can apply for 186 if my current employer
In Melbourne is happy to nominate me?

Dragana Horvat

Hi there,
I need an advise urgently since we are now in a terrible situation and don’t know who to listen to…
I have been in 186 PR application for the past year and have already been nominated. However, my sponsoring company with whom I’ve been for the past 4years has informed me they are going under liquidation. I have been offered a job with another company which would be same position and same salary. My question is: will our 186 process be canceled or is there any way we can save it?

Debbie

Hi we have 186 visa with my parnter’s work, but our relationship is breakdown. if we do separate does that mean that myself and my children will be taken off the PR 186visa? Thanks

Rachel

Hi,
My partner is currently on a 457 visa and I am defacto. His company have said they will apply and pay for our PR. We are about to submit, however what happens if he applied and then he changed jobs – can the new company take on the PR, or does it get cancelled and we would need to start again?
Thanks
R

Ching ching

Hi!
I’m a 457 holder, and now eligible to apply 186.
My concern is, is it possible to lodge nomination and 186 application form in the same day?

Some cases I have seen that some people the do it together, and also some 457holders they do it separately.
As you mentioned above if we are going to apply 186 visa, we need to have the reference number which on the approved nomination.

So if I lodge those one after one, would it take a double time?

David

Hello,

I used to hold the 457 visa before and am using Bupa insurance.

I applied for permanent residence (186) 6 months ago and currently hold a visa bridging.

I have registered for Medicare and have a Medicare card. I am also using this card for medical treatment. But I have not canceled my Bupa yet. I still need to pay monthly for it.

Can I cancel my Bupa subscription? I read my Bridging Visa does not require condition 8501.

I am looking forward to hearing from you.

Thanks.

Claire

Hello there,
I will be applying to ENS 186 visa. I am wondering if, when this visa is granted (hopefully 🙂 ), I have to move to Australia within say, 6 months or a year? I am currently employed (outside Australia). Once I resign, I have to work for my current employer for a full year.
Also, can I apply for a tourist visa while the ENS 186 is being processed?
Thanks!

Beau

Hi,

I am a 457 visa holder, granted in 2018 Oct. My occupation is on the medium- long term list. But my visa only lasts for 3 years instead of 4. Does the one year waiting on bridging visa for 457 visa count in the 3 years requirement for 186 visa? If not, how can I apply for 186 visa after 3 years as my visa will expire at that time?

John

Hi,
I am in NSW, 457 visa (i am the main applicant, visa valid till Dec’19), My spouse also working, her ER willing to sponsor ENS DE, possibly ER nomination may begin after her skill assessment results (may be Aug’19).Q1:Shall we submit 186 Visa application before her ER nomination approval?
After application lodgment, Q2:Shall we continue to work after Dec’19 considering the applications was submitted?If Not, Q3: Should I need to apply 482 TSS visa, will this affect my Spouse ENS 186 visa?.

Grace

Hi there,
I have applied my ENS 186 since Nov/2017, my employer has lodged the nomination around the same time. I have completed my health check this March as well, but there’s still no news so far…It’s been 19 months now, would you please advise how long does it takes? Or if there’s anything I can do, or anyone I could contact with?

Many thanks,
Grace

Mashi

Dear Peng,
I got my visa 186 six months ago.
A year ago, I found out that my health has been going down due to stressful and overload of my job. I did see the specialist and he did suggest me changing my workplace environment. If im still working in this stressful environment, this may adversely affect my mental health (he also wrote me a letter to confirm my health situation).
Can I leave my employer with that reason?
Thank you.

Raj

Hi i applies my ens 186 after complete two years on 457 with my current employer.I got my nomination approval after 8 months. How long I have to wait for my residency or still is risk somewhere just but nervous and worried.
Thanks in Advance
Raj

Cuong Hoang

Hi Peng Cheng.

Please advise me. I am now so anxious.

My employer lodged the 186 via nomination application 2 weeks ago and we just realised that he selected a wrong stream (Temporary Residence Transition rather than Direct Entry). After realising that, he submitted a request form to change the nomination stream. Would this be any possibility to change? Or we have to lodge a new nomination application?

I am just so worried and I really need your suggestion.

Thanks,
Cuong Hoang

Shihab Ebrahim Mohammed

I am currently on 457 visa & soon to apply for 186 TRT. My concern is my wife is pregnant & she wants to go home for pregnancy period which means she won’t be available during the time I’m due to apply for our pr. Can I apply her pr being secondary applicant with she being overseas & what happens if the baby is born during the waiting period or after the waiting period

Katie

Hi, I am currently on a 2 year 457 visa (applied before April 2017) how is it possible to apply for PR with the minimum requirement being 2 years but this visa expiring at 2 years? Thank you

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