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:

Stream75 per cent of applications processed90 per cent of applications processed
Temporary Residence Transition stream12 months13 months
Direct Entry stream11 months16 months
Agreement streamUnavailable 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.

requirement

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Comments

235 Comments

Paulette · May 28, 2019 at 6:21 pm

hello Peng. I’ve been for 6 months on my permanent Visa EN/186, since december 17th. I want to apply for my citizenship within a year and also I want to resign to the job whom sponsored me on 457 which made the transition for 186 Visa.
do I need to work all year in order to apply to my citizenship? can I travel and not work at all during this year and still able to apply for my citizenship? can I do a sabbatical and still able to apply for citizenship? or do I need to work all year in order to meet tax requirements for citizenship?
thanks

    Peng Cheng · June 1, 2019 at 9:38 pm

    Hi Paulette,
    Please see:
    https://www.myaccessaustralia.com/leave-employer/
    https://immi.homeaffairs.gov.au/citizenship/become-a-citizen/permanent-resident
    PC

Jalak Dhameliya · May 21, 2019 at 9:26 am

Hi am currently living in Sydney on 500 dependent visa, my husband is studying master of architecture in unsw, we just moved here in Feb 2019 and I am working full time in marketing firm as a software developer, can I apply for 186 with my current job offer letter and current employer as i am married?

Also do I need to go for skill assessment? and my partner can get pr based on me under 186?

    Peng Cheng · May 27, 2019 at 8:55 pm

    Hi Jalak,
    Please see post in relation to nomination and visa requirements: https://www.myaccessaustralia.com/186-ens-visa/
    PC

Sanghoon 'Kevin' Lee · May 19, 2019 at 7:33 pm

Hi,

I was on old 457, and I have my ENS 186 Visa granted a month ago. I have been working for Queensland Health as a registered nurse for more than 3 years. Now I’m thinking of leaving Queensland Health and going to NSW Health or agency nurse. Should I be worried about the visa cancellation?? If I leave Queensland Health soon, will I lose permanent residence??

Thank you.
Kind regards,

    Peng Cheng · May 27, 2019 at 8:55 pm

    Hi Sanghoon,
    Please see post: https://www.myaccessaustralia.com/leave-employer/
    PC

Jennifer · May 19, 2019 at 10:27 am

Hi, I was wondering if you lodge the 186 application and the company goes into administration during the waiting process will the application be withdrawn or can the PR still be granted and I can find work at another company?

    Peng Cheng · May 27, 2019 at 8:52 pm

    Hi Jennifer,
    Unfortunately I don’t think that the Department can approve the nomination or visa with that financial situation.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

Namrata · May 19, 2019 at 12:30 am

Hi there
My husband and I (spouse visa) was on 457 visa and we applied for ens direct entry 186 visa on September 27 2019. At that time I was 1 month pregnant but I didn’t clarify there that I was pregnant. But now on 1st of April our nomination was approved and we did medical examinations on 8th of April 2019. And I have included my baby on it too on my final application. All was submitted by 15th of April. Now I’m just wondering how long it will take? Does it make any difference for immigration that I didn’t say pregnant before? It’s been 1 month already I didn’t herar anything about the process. But my co worker already got his visa 1 week before even we applied on same date and same visa.
Thank you so much

    Peng Cheng · May 19, 2019 at 9:54 am

    Hi Namrata,
    Sorry I don’t know enough about your application/health results etc. to say.
    Your case officer will provide you with further instructions.
    PC

rob · May 8, 2019 at 1:59 am

Hi ,I am applying my 186 visa soon, my company is asking to pay SAF by me, is it appropriate ? should i be liable to pay that amount ? and how long does people are getting the visa these day, should i go for 190 instead ? my point with state nomination is 65 . thanks in advance

    Peng Cheng · May 9, 2019 at 1:58 pm

    Hi Rob,
    No, you can’t pay the SAF.
    Please see the Department website for processing times for the 186 visa: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

Emma · April 30, 2019 at 10:54 am

Hi, I have an ENS 186 visa recently granted. Would I be allowed to get an ABN for a second job outside of my normal employer?
Thanks

    Peng Cheng · May 2, 2019 at 9:25 am

    Hi Emma,
    Yes, you have unrestricted work rights.
    PC

Jack · April 29, 2019 at 12:09 am

Hi, pang.
I am going to apply ENS transition strim next week as I have been working for 2years holding 457 visa.

My concer is that RSMS visa (direct entry) that two chefs who worked with me under the same business had got refused last year. The reasons were related with financial record and owner did not approved nither strong document nor more documents that they asked

Could it be affected to my ENS transition strim?

Are they having the same standard for business nomination between ENS direct entry and transition strim??

    Peng Cheng · May 2, 2019 at 9:26 am

    Hi Jack,
    Sorry but to properly respond to your queries, I’d need to ask some questions and get some information from you.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

Jay · April 27, 2019 at 11:50 am

Hi, I was on 457 visa class and worked for six years before my PR was granted. it is now four months since I got my PR visa. I am planning to change my work as i got good offer somewhere else. Do I need to stick to my employer for another two years?

    Peng Cheng · May 2, 2019 at 9:27 am

    Hi Jay,
    Please see the following article for further information about leaving your employer: https://www.myaccessaustralia.com/leave-employer/
    PC

Nattharucha · April 25, 2019 at 8:57 pm

Hi,

I am holding 457 (was granted in 2016) I would like to lodge my 186 application a week before my holiday oversea, would that be any problems if I leave the country right after that? Is there any rules that I have to be in the country after I lodge the application?

    Peng Cheng · May 2, 2019 at 9:27 am

    Hi Nattharucha,
    No, you can lodge and then take a holiday. The requirements need to be met when you lodge the application.
    PC

Jilu Jose · March 31, 2019 at 5:53 pm

Hi,Currently I am a nurse working in a pvt hospital on TSS(482) visa of 2 years.I had joined with my employer March 2019 and my visa expires on Feb 2021.
Kindly let me know how can I apply for 186 visa with my employer?
And what all documents do I need to submit?Including my family(spouse and 2 kids).

    Peng Cheng · April 5, 2019 at 7:07 pm

    Hi Jilu,
    Sorry but to properly respond to your queries, I’d need to ask some questions and get some information from you.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to the documents and information you will need to provide.
    PC

Dheeman · March 30, 2019 at 8:38 pm

Hi, I am already in Australia with a 482 visa (medium stream). Now, I am on my way to change employer for a permanent position. Should my new employer process a 186 for me, or another 482? On that case, how long the process might take for either 482 or 186?

    Peng Cheng · April 5, 2019 at 7:07 pm

    Hi Dheeman,
    Please see the following links for Department processing times for these two visas:
    https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186
    https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482
    PC

SkB · March 17, 2019 at 9:26 am

Hi, I have applied rsms direct entry visa from a farm 13 month ago my owner has two farms under same abn and he paid all workers of both farms from same business name, but now he left the farm from my application was applied, I want to know that it will effect my nomination , is there any solution for this thanks

    Peng Cheng · March 19, 2019 at 11:49 am

    Hi SkB,
    If the sponsoring business is no longer operating then unfortunately the Department can’t approve the application.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

      Skb · March 19, 2019 at 4:40 pm

      Thanks for answering, actually the business is operating I am working there and My owner is paying me full time but he just leave one farm but other one is still with my owner.

        Peng Cheng · March 19, 2019 at 8:42 pm

        Sorry but I can’t provide advice just based on your comment information.
        Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
        PC

Juliana · March 14, 2019 at 5:42 pm

Hi, can you please tell if my employer have to wait 2 years after commencement of work before submit employer nomination? I’m on old 457. Thanks

    Peng Cheng · March 14, 2019 at 6:23 pm

    Hi Juliana,
    Yes you need to complete the full 2 years of work before the employer lodges the nomination application.
    PC

Jason · March 11, 2019 at 10:24 am

Dear Peng Cheng,

Good day!

I’ve applied for ENS186 offshore, both my nomination and visa are approved now. So I would need to commence work with my employer who sponsored the nomination in the next 3 months. Due to personal reason, I will not be able to do so and need to stay in my home country. May I know what will happen to my Visa/PR? Will it be revoked? Can I still be an Aus PR without commencing work with the nominated employer?

Thanks in advance.

    Peng Cheng · March 14, 2019 at 3:40 pm

    Hi Jason,
    Not commencing work with the sponsor can lead to the revocation of your visa. Please see the following link for more information: https://www.myaccessaustralia.com/rsms-visa-leave-employer/
    PC

Aguana · March 10, 2019 at 2:40 pm

Hi just want to ask questions about lodging 186 visa ….with 4 months left I our 457 visa is that enough for us to aply 186 visa….thank you very much

    Peng Cheng · March 14, 2019 at 3:43 pm

    Hi Aguana,
    Yes, 4 months should be enough time to lodge a 186 visa and nomination application.
    PC

Alex · February 27, 2019 at 7:21 pm

Maybe you could help me:

A client, having worked for her original employer as a chef for 3 years holding a 457 visa, lodged a 186 TRT stream visa 3 months ago.
Last week, her employer advised that his son would take over the business and a new ABN would be created.
Under the circumstances, what would be the best course of actions available to my friend?

    Peng Cheng · March 5, 2019 at 12:52 pm

    Hi Alex,
    Sorry but to properly respond to your queries, I’d need to ask some questions and get some information from you.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation your friend’s visa options.
    PC

      Alex · March 5, 2019 at 1:10 pm

      Hello Peng,
      What questions would you like to ask? Please do.

        Peng Cheng · March 5, 2019 at 9:33 pm

        Sorry given the time required to provide useful advice for such matters, I would refer you to our consultation services if you need such assistance.
        PC

Andrew Minard · February 26, 2019 at 4:41 pm

Hello, I was wondering, does the company have pay for everything in regards to the VISA application if they are sponsoring me? My company has told me they have to pay for all the costs associated with the VISA, including the entry costs, finger prints, health checks, etc. Is this true?

    Peng Cheng · February 26, 2019 at 6:47 pm

    Hi Andrew,
    There is no such requirement on the business for the 186 nomination and visa applications.
    PC

Bells · February 19, 2019 at 10:48 pm

Hi. I have applied ENS 186 DE (nominated by a firm in NSW), and am currently working in my home country for another employer. If I resign before my case officer opens the file and s/he sees I am currently unemployed, does this affect my application in any way? Thanks!

    Peng Cheng · February 26, 2019 at 6:50 pm

    Hi Bells,
    Your current employment status overseas doesn’t affect your pending application.
    PC

Jiv · February 17, 2019 at 1:02 am

Hi Peng,

I am also on the old 457.
I have resubmitted the 186 nomination visa just this month (after it was refused Nov last year) and this time with SAF Levy.
I havent lodged my PR Visa yet, and my current 457 visa is expiring in Sept this year.
My questions are:

1. How long to process my ENS application and would there be a chance for my ENS application will be approved?

2. Could I lodge my PR Visa application even i still haven’t received the ENS apication result.

Thanks

    Peng Cheng · February 26, 2019 at 6:53 pm

    Hi Jiv,
    Processing time will be similar to that of your refused application. I can’t say what the chances of approval would be without looking at the application.
    You can lodge the visa application before the nomination is approved.
    PC

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