186 visa requirements

1. Direct Entry (‘DE’) stream

2. Temporary Residence Transition (‘TRT’) stream

3. Labour Agreement (‘LA’) stream

186 visa

Lady working by window. 186 visa

The following requirements need to be satisfied by the primary visa applicant under both the Direct Entry and Temporary Residence Transition 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:

 

  • Age: Primary visa applicant must be under 45 years of age at the time that the visa application is lodged (primary applicant can turn 45 years of age or older after lodgement of the visa application). There are only a few allowed exemptions for this age requirement.
  • English: Competent English language ability is required for both the TRT and DE streams. Primary applicants under the Labour Agreement stream must also demonstrate Competent English ability, unless your sponsoring employer/business has a Labour Agreement that provides a lower English requirement. You can use an English result from an examination conducted within the last 3 years immediately before the date of lodgement of your visa application. You may however be required to achieve higher English examination scores than the minimum English requirement of Competent English if this is required for your skill assessment (Direct entry stream), or if a higher level of English is required in order to obtain mandatory registration, licence or professional membership that is required to work in your nominated occupation.
  • Holds (or is eligible for) any mandatory registration, licence or professional membership: If any mandatory registration, licence or professional membership is required to work in your nominated occupation, then you hold or are eligible for this mandatory registration, licence or professional membership. For example, you need to be registered (or be eligible for registration) with the Australian Health Practitioner Regulation Agency to work in Australia as a registered nurse, doctor and other health care professional occupations
  • If applying in Australia: You can apply for this visa if you are in Australia as a temporary visa holder, or a Bridging visa A, B or C holder (if you are a Bridging visa A, B or C, then you will not be able to lodge this visa application when you are in Australia if you have had a visa refusal and you are waiting for a Tribunal or Court hearing due to Section 48. You can apply for a Bridging visa B, which allows you to temporarily leave Australia to lodge your 186 visa application and then return to Australia. The Department can decide your 186 visa application when you are in Australia).
  • Health and character: Primary visa applicant and all members of his or her family unit must satisfy the health and character requirements for the grant of a permanent residency visa. If any member of the family unit fails to satisfy the health and/or character requirements, then the visa applications may be refused for the primary applicant and all family members.
  • Commitment to work in nominated role: The primary visa applicant needs to make the commitment to work in the nominated role for a period of at least 2 years from the date that permanent residency is granted. The employer will also need to make the commitment to ensure that the nominated role is available to the visa applicant for a period of at least 2 years.

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. 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.

186 visa - DE stream (Direct Entry)

Primary visa applicant requirements under Direct Entry stream:

  • Work experience: Three years of full-time work experience that relates to your nominated occupation. Generally speaking, you can only count relevant work experience after you completed your relevant education qualification / apprenticeship / trade or vocational education. Part-time or casual work experience can be counted on a pro-rata basis, so 12 months of part-time or casual experience should be equivalent to 6 months of full-time experience.
  • Skill assessment for nominated occupation: Obtain a skill assessment from the relevant skill assessment body for your nominated occupation. A skill assessment is only valid until the expiry date specified on the assessment, if any is stated. Otherwise, your skill assessment is valid for a period of 3 years from the date of issue. Your skill assessment must be valid at the time that you lodge your visa application (this can expire after lodgement during the Department’s processing time). You can find the relevant skill assessment bodies listed on the current occupation list (e.g. VETASSESS, CPA etc.).

You are exempt from the above work experience and skill assessment requirements if your sponsoring employer is any of the following:.

  • an academic by a university in Australia or
  • a scientist, researcher, or technical specialist by an Australian government (including State and Territory) scientific agency

 

Business nomination requirements under Direct Entry stream:.

  • Eligible occupations: Nominate an eligible occupation under the Medium and Long-term Strategic Skills List (MLTSSL)
  • Caveat requirements if applicable: Some eligible occupations are marked with an asterisk* which means that the sponsoring business needs to demonstrate that the following additional caveat requirements are also satisfied.
  • Genuine business need for the nominated role: This is a discretionary requirement where the Department will assess various aspects of the sponsoring business (based on the documents and information provided in the business nomination application) such as the business’ financial position, financial history, current operations and clients, current staff and payroll expenses, and documents provided to demonstrate the business’ current need for the nominated role etc. The Department will then decide if the business has sufficiently demonstrated its genuine need for the nominated full-time role.

 

186 visa - TRT stream (Temporary Residence Transition)

Family on pier at sunset. 186 visa

Primary visa applicant requirements under Temporary Residence Transition stream:

  • 2 years of work as a 482 TSS visa holder:  The primary applicant needs to have at least 2 years of full-time work as a 482 TSS visa holder in the last 3 years. You must complete these 2 years of work with your sponsoring employer for your 186 nomination and visa applications, and in the nominated role which was approved for your 482 TSS visa. You can also count time on a bridging visa, if you applied for a 482 visa application, and you were already the holder of a 457 or 482 TSS visa.

Business nomination requirements under Temporary Residence Transition stream:

  • Genuine business need for the nominated role: This is a discretionary requirement where the Department will assess various aspects of the sponsoring business (based on the documents and information provided in the business nomination application) such as the business’ financial position, financial history, current operations and clients, current staff and payroll expenses, and documents provided to demonstrate the business’ current need for the nominated role etc. The Department will then decide if the business has sufficiently demonstrated its genuine need for the nominated full-time role.
186 nomination
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:
  • Salary is equivalent to what is or would be paid to an Australian employee: The business needs to demonstrate that the visa applicant’s proposed salary is consistent with the ‘Australian market rate’ for the nominated role.
  • Temporary Skilled Migration Income Threshold (TSMIT): In order for your nominated role to be sponsorable and eligible, your sponsoring employer needs to show that the ‘Australian market rate’ for your role is at least equal to TSMIT (which is currently AUD $73,150 per annum).
  • Commitment to work in nominated role: The primary visa applicant needs to make the commitment to work in the nominated role for a period of at least 2 years from the date that permanent residency is granted. The employer will also need to make the commitment to ensure that the nominated role is available to the visa applicant for a period of at least 2 years. The Department will assess the business’ financial position, financial history, current operations and clients, current staff and payroll expenses etc. Based on this information, the Department needs to be satisfied that the business will continue to operate for at least the next 2 years, and provide the primary applicant with employment in his or her nominated role.
  • Compliance with migration and Australian law: The business has a history of compliance with Australian immigration and workplace relations laws.
  • No adverse information: There is no adverse information known about the sponsoring business or any person associated with the sponsoring business, or it is reasonable to disregard this information.

Terms & conditions of employment

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’ employee working in the same role (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 or similar position as your nominated role.

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If your employer does not have an Australian citizen or permanent resident that works in the same or similar role as your nominated role, then they 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)..

Government fees & processing time

You can only lodge your 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 you 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 your supporting documents via the Department’s website which you used to lodge your application.

 

Government lodgement fees

Visa application:

  • 186 visa – primary applicant fee: $4,770
  • 186 visa – additional applicant who is 18 years old or over: $2,385
  • 186 visa – additional applicant who is under 18 years old: $1,190
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Department processing times 

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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.

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

172 thoughts on “186 visa requirements”

  1. Labro

    I would like to apply for the 186 TRT stream but due to taking some unpaid leave and wanting to include my partner whose 482 visa expires a month before mine (Juiy 2025 him / August 2025 me) I won’t have completed 2 years on my current 482 before his visa expires.
    I worked for the same company in exactly the same job (healthcare) and the same department on a 457 visa for almost a year in 2017 – 2018 but had to return to my home country unexpectedly for personal reasons. Due to subsequent COVID restrictions I did not return to Australia on a 482 until 2023.
    I am eligible for the DE stream but but would prefer the TRT as I wouldn’t have to wait for skllls asessment so it would be quicker.
    So my question is – would my work experience on my 457 with the same company and in the same role, count towards the 2 years for the TRT, even if it was several years ago?
    Many thanks in advance.

    Reply
    1. My Access Australia

      Unfortunately I can’t provide advice just based on your comment information.
      Please feel free to book a consultation time if needed.

      Reply
  2. Veera

    Regarding this:
    If applying in Australia: You can apply for this visa if you are in Australia as a temporary visa holder, or a Bridging visa A, B or C holder (if you are a Bridging visa A, B or C, then you will not be able to lodge this visa application when you are in Australia if you have had a visa refusal and you are waiting for a Tribunal or Court hearing due to Section 48. You can apply for a Bridging visa B, which allows you to temporarily leave Australia to lodge your 186 visa application and then return to Australia. The Department can decide your 186 visa application when you are in Australia).

    I am in this situation. So I would be allowed to leave Aus to apply for the 186 and return and wait in Aus for the decision?

    Reply
  3. ALFREDO

    If I applied for the 186DE visa with my partner, does that count as 1 out of the 2 partner visas that I’m allowed to give, or is that just when you apply for a partner visa stream?

    Reply
  4. Danushka

    Hi , I have 10 years experience and positive skills Assessment as a cafe and restaurant manager can I apply for 186 Direct entry?

    Reply
    1. My Access Australia

      Hi Danushka,
      Unfortunately, Cafe and restaurant manager isn’t on the list for 186 visa Direct entry stream. Medium and Long-term Strategic Skills List occupations are eligible.

      Reply
      1. Don

        I am currently onshore with a Student (subclass 500 dependent) visa. I have a positive skills assessment for 6 years and have met the competent English requirement. I am also employed full-time in a state-owned corporation in the same occupation as a civil engineer. Can I apply for the 186 Direct Entry (DE) while on a Student (subclass 500) dependent visa?

        Reply
  5. Karl

    Hi. I am an accountant looking into applying for a 186 direct entry. Just to clarify, under the skills assessment requirement, do I also need to do skilled employment assessment? or just the skills assessment? Thanks!

    Reply
      1. Jilly

        Hi,
        I wan to apply DE 186 my question is about the experience for 3 years. its Post Qualification right but am working as a chef so technically is from my Cert III in cookery? Is it correct?
        thanks for answering.

        Reply
        1. My Access Australia

          Hi Jilly
          For Chef, you can count experience after completing your relevant AQF Associate Degree, Advanced Diploma or Diploma qualifcation as per ANZSCO.

          Reply
    2. Harmanpreet Kaur

      Hello dear,
      I already have experience of 2 years and 6 years with same employer and now they are sponsoring me do i still need to work for another 2 years on 482 visa to apply for 186 or can i apply after 6 months.

      Reply
      1. My Access Australia

        Hi Harmanpreet,
        You don’t have to wait 2 years if you satisfy the requirements for the 186 visa direct entry stream.

        Reply
  6. Santosh

    I have been in aged care for 5 years as a permanent employee but in different facility. I join new aged care facility in Feb 2024, from where, I applied for 482 visa. Now, I am in 482 bridging visa but won’t active until May 2025 as my 408 visa will expire on above date.
    My query is, can I count work experience from Feb to meet the 2 years full time work experience to apply for 186. if not, from when my actual counting of 2 years experience will be started?
    Thank you

    Reply
    1. My Access Australia

      Primary visa applicant requirements under Temporary Residence Transition stream:
      2 years of work as a 482 TSS visa holder: The primary applicant needs to have at least 2 years of full-time work as a 482 TSS visa holder in the last 3 years. You must complete these 2 years of work with your sponsoring employer for your 186 nomination and visa applications, and in the nominated role which was approved for your 482 TSS visa. You can also count time on a bridging visa, if you applied for a 482 visa application, and you were already the holder of a 457 or 482 TSS visa.

      Reply
  7. Bryan

    hi,
    one of my workmate told me that we can apply pr visa after 6 month of work and stay here in australia?
    is this true? by the way he is already a citizen.

    thanx

    Reply
  8. Bobby

    Hi,

    I have an employee on a 482 visa who we would like to sponsor for a 186. He has a current 4 year 482 visa but it was transferred to us last October, so he has only worked with us for 9 months. I would like to know:

    1. Can we sponsor him for a Direct Entry visa (he hasn’t worked with us long enough to qualify for a 186 transition visa)
    2. Does he need to do his skills assessment again, or the fact that he did it to get his 482 is enough

    Thank you!

    Reply
    1. My Access Australia

      Hi Bobby
      In response to your questions:
      1. Can we sponsor him for a Direct Entry visa (he hasn’t worked with us long enough to qualify for a 186 transition visa)
      You may be able to if you and the visa applicant satisfy the direct entry stream requirements.
      2. Does he need to do his skills assessment again, or the fact that he did it to get his 482 is enough
      The visa applicant would need the skill assessment for a 186 visa, which isn’t necessarily the same as the skill assessment for a 482 visa.

      Reply
  9. NT

    Hi, I am currently on 485 visa and working for 1.5 years. I have previous overseas experience back in 2014-2016 (after my Bachelors). With this, can I satisfy the 3 years work experience requirement for Direct Stream 186? I have recently did my skill assessment after my doctoral degree. Looking for expert opinion. Thanks.

    Reply
      1. NT

        Thank you for your reply. I wonder about the possibility of two scenario:
        1) what if I assess by bachelor degree and work experience 2014-2026 and 2022-2024? Does that even make sense to satisfy the skill assessment and job experience requirements for 186 DE stream?
        2) I am working with my current employer for 1.5 years. If my employer sponsor me now for 482, do I need to work for another 2 years to be eligible for 186 TRS stream or I can do so after 6 months (as I am already with them for 1.5 yrs).

        Reply
  10. Keiko

    Hi Peng.
    I got a refusal of my 186 visa ( sponsor nomination part) I appealed to AAT and have been waiting for 18months.. my MA said none of her clients haven’t gotten any news from AAT. The oldest client is waiting for close to 2years..

    Have any of your clients gotten any news fromAAT? On average, how long is going to take to get the hearing in fact?

    Reply
    1. My Access Australia

      Hi Carl,
      There aren’t any obligations to purchase health insurance as a 186 visa holder – this is a permanent residency visa.

      Reply
  12. Andy

    Hi,
    I was wondering that does my son (22y) have to go to school for the prove of enrollment for the application to be going easily? I read on the mail and saw that any dependent who is 18 or over does need to need to prove to have functional English or they can pay the second installment visa charge fee. Can my son pay the fee instead of schooling? We are currently waiting for our application to be processed. And the lawyer said my son need to provide school letter to be a dependent. Thanks.

    Reply
  13. Kevin

    Hi there,
    I just have a couple of questions in relation to the ENS scheme and kindly refer below,

    1.) As an accountant am I eligible to apply under the Direct Entry Stream provided I have got 3 years work experience and a positive skills assessment?
    2.) If someone has worked say 2 years and 9 months, can the Employer apply for the nomination given that it takes at least 12 to 15 months for the nomination to be processed so will be 3 years by then anyway?

    Kindly let me know, thanks a lot.

    Reply
    1. My Access Australia

      Hi Kevin,
      1.) As an accountant am I eligible to apply under the Direct Entry Stream provided I have got 3 years work experience and a positive skills assessment?
      Those are some of the main visa requirements yes. Please see above post.
      2.) If someone has worked say 2 years and 9 months, can the Employer apply for the nomination given that it takes at least 12 to 15 months for the nomination to be processed so will be 3 years by then anyway?
      The business can lodge the 186 nomination application before the employee has 3 years of experience.

      Reply
  14. Rosie

    Hi
    Can immediate family from a medium size company director/shareholder sponsor and nominate ENs 186 who positive skill assessment employee who is direct relationships and fits the position of the company.

    Reply
    1. My Access Australia

      Hi Rosie,
      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.

      Reply
  15. robin

    Hi bro , I am applying online form for my 186 application and it it asking for my last part which is number 19, on ENS declarations should i agree all the conditions in there? paying for sponsorship ? , and my company has already done my Nomination and provided me TRN number, rest of the part is my visa application fee, that should be paid my me right ? from my bank account ? please advise me . thanks in advance.

    Reply
    1. My Access Australia

      Hi Robin,
      You can lodge your visa application after the 186 nomination application is lodged.
      Please see Department website for payment options.

      Reply
  16. Jashan

    Hi I was on 457 visa which expired on 19 of May
    And I applied for a student visa which got refused. Now I have to go AAt for Apeal.
    I am just wondering can I apply for 186 visa as my employer ready to sponsor me for that.

    Reply
    1. My Access Australia

      Hi Jashan,
      You would need to do an offshore application for the 186 due to your prior refusal. Please see the following article for further information: https://www.myaccessaustralia.com/section-48/
      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 eligibility for the 186 visa.

      Reply

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