The following requirements need to be satisfied by the primary visa applicant under both the Direct Entry and Temporary Residence Transition streams. Hence, these are common requirements which need to be satisfied by the primary visa applicant under either of these streams. In addition to these requirements, the primary visa applicant needs to satisfy the specific and different requirements that apply to the particular stream that the primary visa applicant is applying under – see below explanation:
Important: You will need to find an Australian business to sponsor you before you can proceed with your application. You cannot complete this employer sponsored visa independently without an Australian employer. As far as we are aware, you are unlikely to receive an invitation if you are trying to find an employer through the Department’s Expression of Interest database. Please note that the above listed requirements are not the only requirements that the visa applicant and the employer/sponsor need to satisfy in order to obtain a 186 visa. The above only outlines the key requirements.
The following requirements apply to both the Direct Entry and Temporary Residence Transition nomination applications by the sponsoring business. Hence, these are common requirements which need to be satisfied for applications under either of these streams. In addition to these requirements, the sponsoring business needs to satisfy the specific and different requirements of the particular stream that the business is applying under – see below explanation:
Primary visa applicant requirements under Direct Entry stream:
*You are exempt from having to complete a skill assessment if you are a Subclass 444 (New Zealand citizens) or Subclass 461 visa holder (relative of a New Zealand citizen) and you have worked in an eligible occupation for the same employer for at least 2 out of the last 3 years (excluding periods of unpaid leave).
You are also exempt from this skill assessment requirement if your sponsoring employer is any of the following:
Business nomination requirements under 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:
Otherwise, all other primary applicants will need to satisfy the following requirements:
Primary visa applicant requirements under Temporary Residence Transition stream:
Business nomination requirements under Temporary Residence Transition stream:
Your sponsoring employer needs to demonstrate that the terms and conditions of your employment are no less favourable than the terms and conditions of employment that would be provided to an ‘equivalent Australian citizen or permanent resident’ (known as the ‘market rate’ requirement). This can be shown by providing a contract of an Australian citizen or permanent resident that is working in the same position and location as the role that you are nominated to perform for the purposes of the visa application.
Your employer may not have an Australian citizen or permanent resident that works as an employee in the same role and location as your nominated role.
If this is the case, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your salary is at least equal to the market rate. This is generally demonstrated by providing Australian market salary survey data. This data needs to be relevant to the nominated role and the location where you will be working (i.e. market salary data, such as Hays Salary Guides, will usually give specific data for various capital cities around Australia).
The sponsoring business needs to demonstrate that it has a genuine need for the nominated position. In assessing this requirement, the Department’s guidelines indicate that the following factors may be considered:
The supporting documents that a business needs to provide in order to demonstrate its genuine need for the nominated position will vary, depending on the nominated position/occupation and the nature of the sponsoring business’ operations.
For example, if the business is sponsoring a Chef, Cook, or Cafe or Restaurant Manager, then the business may be able to provide the following to demonstrate its need to the nominated role:
If the business is sponsoring a Technical Sales Representatives nec (ANZSCO code: 225499), then the business may be able to provide the following to demonstrate its need to the nominated role:
You can only lodge an application using the Department’s online portal. You can only prepare the online visa application form once your nominating employer has at least started to prepare the nomination application for your role (which is also prepared using the online portal). This is because you need the nomination application TRN which will be issued to your employer once they have started to prepare the nomination application.
You can lodge your visa application once your sponsoring employer has lodged the business nomination application. You do not have to wait until the Department decides the business nomination application before you lodge your visa application, although you can wait if you wish. If you wait for nomination approval, then must lodge your visa application within six months of the date that the business nomination application is approved.
After you have lodged the application, you upload the supporting documents electronically. As part of the initial application, you do not need to submit any actual paper work or forms. It is all online.
The below is just a list of the relevant government lodgement fees:
The Department’s processing time for the 187 nomination and visa applications increased significantly in 2017. 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 | 15 months | 17 months |
Direct Entry stream | 15 months | 19 months |
Agreement stream | Unavailable due to low volume of applications. | Unavailable due to low volume of applications. |
.
Q: For the TRT stream, can I count work that I completed under another visa like 485 and student visa?
A: No
Q: For the TRT stream, can I count work completed with a different employer?
A: No
Q: For the TRT stream, can I lodge my application before I complete 2 years of full-time work if I am close to completing 2 years?
A: No – you must satisfy the 2 year requirement at the time of application
146 Comments
Karen · January 18, 2019 at 1:40 pm
Hi Peng, I’ve heard that you have to submit the documents for the 186 direct stream (skill & English assessment) at the same as the application is submitted. Is that right? I made this application but I haven’t got those test yet and a few people told me this might me be refuse! Thanks
Peng Cheng · January 22, 2019 at 3:46 pm
Hi Karen,
Unfortuately yes that is correct – the Skill Assessment and English requirements are time of application requirements. Therefore the Department might not be able to approve the application.
PC
Chris · January 17, 2019 at 3:28 pm
Hi Peng, I’ve heard that at least half of a business’s employees must be Australian citizens and permanent residents in order to sponsor an employee under 186 Temporary Residence Transition stream? Is this correct? Thanks.
Peng Cheng · January 17, 2019 at 8:53 pm
Hi Chris,
There is no such strict requirement in relation to Australian employees.
PC
Sian Heaton · January 14, 2019 at 7:52 pm
Hi
I have a few questions I hope you can assist with:
1. why go for DE rather than TRT? Is one easier or cheaper than the other?
3. If you go through the TRT, how long after sponsorship is approved do you need to work for the same employer?
2. On the old 457 visa, is 2 years definitely enough as the DHA website states 3yrs experience required.
Thanks
Peng Cheng · January 17, 2019 at 8:56 pm
Hi Sian,
1. The cost would be similar for both streams.
2. See above post for TRT stream requirements.
3. See above post in relation to transitional arrangements only apply if you held a Primary 457 visa, or was applying for a Primary 457 visa, on 18 April 2017.
PC
Hasan · December 4, 2018 at 9:43 pm
Hi Peng,
I got my PR under 457 TRT stream to 187 . Just wondering can I move and work any place ?
Thanks
Peng Cheng · December 6, 2018 at 1:31 pm
Hi Hasan,
Please see: https://www.myaccessaustralia.com/rsms-visa-leave-employer/
PC
Shirlyn Agustin · December 4, 2018 at 9:12 pm
Hi Peng,
Just a quick question regarding the benchmark training for 186 trt visa application that will be lodged next year, does the employer need to provide records of the training for each 12 months of being an approved sponsor prior to lodging the nomination? Thanks so much in advance.
Peng Cheng · December 6, 2018 at 1:32 pm
Hi Shirlyn,
Generally speaking yes.
PC
Gurinder · December 2, 2018 at 5:41 pm
Hi Peng,
How long it normally takes now for approval of 186
Peng Cheng · December 3, 2018 at 3:10 pm
Hi Gurinder,
Processing Time
75% of applications: 16 months
90% of applications: 19 months
PC
Tina · November 21, 2018 at 4:30 pm
Hi my husband did three years under 457 visa, after that his employer didn’t want to sign the paperwork for our Pr so he found another employer. Now he has been two months with him always under 457. He just did a transfer. Can he apply for this visa? What can we do to have the Pr?
Peng Cheng · November 23, 2018 at 2:23 pm
Dear Tina,
Please see the above post in relation to the TRT and DE streams requirements.
Unfortunately we 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
Anon · November 19, 2018 at 6:43 pm
I submitted a DE nominated 186 application in Feb 2018. Providing I work in the same type of employment as the skills assessment can I move to another company if they are willing to take over the nomination?
Peng Cheng · November 23, 2018 at 2:24 pm
Dear Roopnavdeep,
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
Saif · November 13, 2018 at 5:23 pm
Hi Peng
I hope this message finds you well. They requested an English test for my partner which we provided, however I checked in the IMMI account this letter. This application requires additional supporting documentation. Please check correspondence and attach the requested documents. By clicking on the ‘Information Provided’ button you acknowledge that the Department may proceed to make a decision on the application. Do I need to click it or not make a difference.
Peng Cheng · November 19, 2018 at 3:55 pm
Hi Saif,
Once you have provided all of the documents that have been requested you can use the ‘Information Provided’ button.
PC
Ali · November 10, 2018 at 11:51 pm
Hi Peng, for the direct stream of visa 186, the department mentions that people need “evidence of three years of relevant work experience” and “skills assessment”. They also say that academics are exempted from “skills assessment”. My question is: do academics need to have three years of relevant work experience? Last year the department mentioned that academics do not need skills assessment and work experience, but this year they only say that academics do not need to have skills assessment.
Peng Cheng · November 13, 2018 at 1:02 pm
Hi Alexander,
You can use Form 1436 to add an additional applicant after lodgement: https://immi.homeaffairs.gov.au/form-listing/forms/1436.pdf
The form provides lodgement and payment instructions.
PC
Danielle · November 27, 2018 at 4:39 am
Hi Peng,
I also need to fill this form but don’t know: Where should I upload or send 1436 form?
Peng Cheng · November 28, 2018 at 11:17 am
Hi Danielle,
If you are adding an additional applicant to a 186 visa you can complete the 1436 form and send it to the Department by email: nsw.pse@homeaffairs.gov.au
PC
Peng Cheng · November 13, 2018 at 1:02 pm
Hi Ali,
Please Department website explanation: https://www.homeaffairs.gov.au/trav/work/work/age-skill-and-english-language-exemptions-permanent-employer-sponsored-programme
PC
Tia · January 10, 2019 at 12:34 pm
Hi Ali
I have the same question. I have an academic position at “level A” which is for early carriers in academia. However, I don’t have 3 years work experience as I’ve graduated recently. So, I’m wondering if there is an exemption for work experience in this situation.
By the way, did you find the answer of your question?
Cindy Wang · October 23, 2018 at 9:52 am
Hi, is that employer nomination fee tax deductible for employer? thanks
Peng Cheng · October 24, 2018 at 3:52 pm
Hi Cindy,
To my knowledge it is.
PC
Sophie S · October 9, 2018 at 6:48 am
Hi! Have you ever experienced an employer refusing to nominate for PR (TRT) once 2 years is up. My partner has been working in his role for 1 year now and for a number of reasons we are worried that they are ‘stringing us along’ and we want to know what would happen if they refuse to nominate? Are there any provisions stopping employers from being able to do this? It seems crazy that we put our life and soul into working in Australia (over 4 years total) & it can be denied like that!
Peng Cheng · October 13, 2018 at 12:37 pm
Hi Sophie,
Unfortunately there are no legal obligations on the business to provide employer permanent residency sponsorship.
PC
Mukesh · October 7, 2018 at 10:33 pm
Hi Jem ,
if VISA 457 was issued on deceber 2016 , can i take aroute of direct entry option for obtaining visa 186??
Peng Cheng · October 13, 2018 at 12:38 pm
Hi Mukesh,
Please see the above post for direct entry requirements.
PC
Jem · September 29, 2018 at 9:55 pm
Hi Peng,
How long does it take for immigration to make a decision on the nomination (not the visa application)?
Regards
Jem
Peng Cheng · October 2, 2018 at 7:21 pm
Hi Jem,
Processing time won’t be shortened by lodging the nomination first by itself; you should expect the full processing time as per the above article.
PC
Jem · October 3, 2018 at 1:42 pm
Thanks for the response peng!
Can i lodge the visa application while still waiting for the results of the nomination?
Best regards,
Jem
Peng Cheng · October 5, 2018 at 5:34 pm
Yes you don’t have to wait until the nomination application is approved.
PC
Laure · September 28, 2018 at 10:23 pm
Hello is it possible to get his nomination approved before the full two years with the same employer ?
Peng Cheng · October 2, 2018 at 7:21 pm
Hi Laure,
Unfortunately no, under the Temporary Residence Transition stream an applicant must complete the full years of required work prior to lodgement – please see above post.
PC
Wendelien · September 3, 2018 at 5:12 pm
Hi,
I have been granted a 457 on May the 3rd 2017 for 2 year’s. It seems I am eligible for the 186 TRT stream(i have worked full time on this 457 for 2 years on May the 3rd 2019). However if I lodge this application on May the 3rd 2019, will I be 1 day short on my 457? What are possible solutions for that? Can I apply for it on the 4th of May? Or do I have to apply for a TSS first to get that last day on my 457?
Thanks Wendelien
Peng Cheng · September 8, 2018 at 10:42 am
Hi Wendelien,
Thank you for your comment and query.
It would be best to contact us if you need consultation and advice in relation to your application. It isn’t really possible to obtain the information/documents that we need, or provide detailed advice via these comment fields which are intended for short/specific queries.
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
banike · September 2, 2018 at 1:15 pm
Hi Peng,
I have summited the “Revisit” quest to immi on April 2018 regarding my refusal of the 457 TRT nomination. The main reason was the training fee did not meet the requirement. I have withdraw the nomination and visa application before the deadline, but the arguing point was on the “Contractor pay roll” definition . That’s the reason why I requested “Revisit”. 4 months passed but no respond, and I’m going to restart the new nomination. Should I just wait for the result of the revisit ?
Peng Cheng · September 8, 2018 at 10:41 am
Hi Banike,
It would be best to contact us if you need consultation and advice in relation to your application. It isn’t really possible to obtain the information/documents that we need, or provide detailed advice via these comment fields which are intended for short/specific queries.
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
Von Dwyane · August 30, 2018 at 2:01 pm
Hi,
Our company is looking to nominate a potential employee through the 186 visa direct entry stream. My question is can our prospective employee lodge his 186 visa application onshore (in Australia) while he is on a tourist visa? Also we are aware of the “no further stay” conditions on tourist visas, however once he lodged the 186 will the tourist visa be automatically replaced by a bridging visa with unlimited work rights? Looking forward to your feedback. Thanks and regards.
Peng Cheng · August 31, 2018 at 10:27 am
Hi Von,
Thank you for your comment and query.
It would be best to contact us if you need consultation and advice in relation to your application. It isn’t really possible to obtain the information/documents that we need, or provide detailed advice via these comment fields which are intended for short/specific queries.
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
Nuch · August 27, 2018 at 2:15 pm
Hi Peng,
Could you please advise whom is obligated to pay the 186 ENS application fees? I’ve read some information online, it looks like it’s down to negotiable agreement between both parties?
thank you in advance.
Peng Cheng · August 31, 2018 at 10:21 am
Hi Nuch,
Yes either the business or the visa applicant can pay these costs.
PC
Keith · August 13, 2018 at 10:01 pm
Hi Peng,
Can I confirm that it’s not okay to apply both the nomination and visa at the same time? Unfortunately that’s what I did on February until I noticed the change on their website. I’m wondering how will that impact the application if the nomination is approved – will they reject the 186 because I applied for it the same time with the nomination? If so, should I withdraw my 186 application then? Both of their status still say, “received”. Thanks
Peng Cheng · August 16, 2018 at 9:12 pm
Hi Keith,
The visa application can be lodged immediately after the nomination application is lodged.
PC
Comments are closed.