Employer Nomination Scheme (subclass 186)

As the visa applicant, you must,

• have an occupation that is on the list of eligible skilled occupations
• have at least 3 years of relevant work experience, unless you are exempt
• have a positive skills assessment, unless you are exempt

• You can apply for this visa from in or outside Australia. If you are in Australia, you must hold a substantive visa or a related bridging visa A, B or C. If your substantive visa has a no further stay condition, you might still be able to lodge an application in Australia in certain circumstances. You can be in or outside Australia when a decision is made on your application.
• Your occupation must be on the relevant list of eligible skilled occupations.
• You must have relevant work experience:

  Unless exempt, most applicants need to have at least 3 years of relevant work experience in their occupation.

  Applicants who are exempt from the skills assessment requirement are also exempt from the work experience requirement.

• You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in.
• You must have a positive skills assessment:

  Most applicants need to have a skills assessment that shows they have the skills to work in the nominated position. Learn more about skills assessments.

  Exemptions:

  You are exempt from having a skills assessment if you:

  • have been nominated as an academic (university lecturer or faculty head at Academic Level A, B, C, D or E) by a university in Australia, or
  • have been nominated as a scientist, researcher or technical specialist by an Australian government scientific agency, or
  • currently hold a Special Category (subclass 444) or New Zealand Citizen Family Relationship (subclass 461) visa and have worked for the employer who nominated you, in the nominated position, for at least 2 years in the last 3 years prior to the date you applied for the visa
• You must be nominated by an Australian employer;

  You must be nominated by an Australian employer whose business is actively and lawfully operating.

  There are certain eligibility requirements for an Australian employer to nominate a person. See Notes to Sponsors section for details.

• Usually, you must be under 45 years of age when you apply. You are exempt from this criteria if any of the following applies to you:
  • you are nominated as an academic (university lecturer or faculty head at Academic Level B, C D or E) by a university in Australia
  • you are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
  • you currently hold a Special Category (subclass 444) or New Zealand citizen's family member (subclass 461) visa and have worked for the employer who nominated you, in the nominated position, for at least 2 years in the last 3 years immediately before you apply. The 2 years excludes periods of unpaid leave.
• You must have at least competent English to be granted this stream of the visa.
• You must apply for the visa within 6 months of the nomination being approved.
• You and any family member included in this application must meet all the health and character requirements
• You or any family member must not have any debt to pay to the Australian government. If you or any family members (including those who do not apply for the visa with you) owe the Australian Government money, you or they must have paid it back or arranged to pay it back.
• If you are 18 years of age or older, you must: have read, or had explained to you, the Life in Australia AND confirm you will respect the Australian way of life and obey Australian laws when you sign an Australian Values Statement

Note: If you have had a visa cancelled or previous application refused, you may not be granted a visa.

• stay in Australia indefinitely
• work and study in Australia
• enrol in Australia’s public health care scheme, Medicare
• sponsor eligible relatives to come to Australia
• travel to and from Australia for 5 years
• apply for Australian citizenship, if eligible

Be an eligible business:

• Your business must:
  • have no adverse information known about it or any person associated with it, or it is reasonable to disregard this information
  • actively and lawfully operate a business in Australia
  • if it undertakes activities related to hiring labour to other unrelated businesses, the position must be within your business activities and not for hire to other unrelated businesses
  • have a genuine need for a paid employee to fill a skilled position
  • pay the Skilling Australians Fund levy when you submit your employer nomination application
  • have complied with Australian immigration and workplace relations laws
• Your business must also be able to:
  • offer a skilled position that is full time and ongoing for at least 2 years. The nominee's employment contract must not limit the position to 2 years
  • if the worker will earn less than AUD250,000 a year, pay them at least the annual market salary rate
  • demonstrate the applicant is eligible for any licence, registration or membership needed at the time you submit the application

Have a skilled position

• The nominated occupation must be on the list of eligible skilled occupations for this subclass 186 visas.

• The nomination fee is AUD $540. You are also required to pay the Skilling Australians Fund levy.
• Approved nominations end if the employee you nominate:
  • does not apply for a subclass 186 visa within 6 months of the nomination approval, or
  • is refused a subclass 186 visa

• Nominators must:
  • employ the worker under terms and conditions that are no less than as those for Australian citizens or permanent residents doing the same work in the same place. Terms and conditions include but are not limited to salary for the nominated position, hours of work and leave entitlements.
  • pay the worker the annual market salary rate
  • comply with Australian immigration and workplace relations law

As the visa applicant, you must,

• currently work, or will work, for your nominating employer who is a party to a labour agreement.
• meet the age, skills and English language requirements of the labour agreement

• You can apply for this visa from in or outside Australia. If you are in Australia, you must hold a substantive visa or a related bridging visa A, B or C. If your substantive visa has a no further stay condition, you might still be able to lodge an application in Australia in certain circumstances. You can be in or outside Australia when a decision is made on your application.
• You must currently work, or will work, for your employer under a labour agreement.

  You must have suitable English language skills, experience, skills and other attributes for the position as required by the labour agreement.

  You might have to get a skills assessment that shows you have the skills to work in the position. Only get the skills assessment done if DOHA asks you to.

• You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in.
• You must be nominated by an Australian employer;

  You must be nominated by an Australian employer whose business is

  • actively and lawfully operating in Australia
  • party to a labour agreement.

  There are certain eligibility requirements for an Australian employer to nominate a person. See Notes to Sponsors section for details.

• Make sure your employer has submitted a nomination application. They will receive a Transaction Reference Number (TRN) when they do. You need the TRN to apply for the visa.
• Unless the labour agreement provides otherwise, you must be aged under 45 years when you apply.
• If you are in Australia, you must hold a substantive 457 or TSS visa issued under a labour agreement.
• You and any family member included in this application must meet all the health and character requirements
• You or any family member must not have any debt to pay to the Australian government. If you or any family members (including those who do not apply for the visa with you) owe the Australian Government money, you or they must have paid it back or arranged to pay it back.
• If you are 18 years of age or older, you must: have read, or had explained to you, the Life in Australia AND confirm you will respect the Australian way of life and obey Australian laws when you sign an Australian Values Statement

Note: If you have had a visa cancelled or previous application refused, you may not be granted a visa.

• stay in Australia indefinitely
• work and study in Australia
• enrol in Australia’s public health care scheme, Medicare
• sponsor eligible relatives to come to Australia
• travel to and from Australia for 5 years
• apply for Australian citizenship, if eligible

Be an eligible business:

• Your business must:
  • have no adverse information known about it or any person associated with it, or it is reasonable to disregard this information
  • pay the Skilling Australians Fund levy when you submit your employer nomination application
  • have complied with Australian immigration and workplace relations laws

Have a current labour agreement

• Your business must:
  • currently have a labour agreement in place with the Australian Government
  • have met any nomination requirements specified in the agreement

The occupation you are nominating must be listed in the labour agreement as an occupation you can nominate.

Permanent residence is only available through the subclass 186 Labour Agreement stream if it has been included as an option in the subclass 457 or subclass 482 negotiated labour agreement

• There is no cost to nominate someone for the visa if the position is located in regional Australia. If the position is not located in regional Australia, it costs AUD540 to nominate someone for the visa. You are also required to pay the Skilling Australians Fund levy.
• Approved nominations end if the employee you nominate is refused a subclass 186 visa.
• Nominators must:
  • employ the worker under the terms and conditions agreed to under the labour agreement. The terms and conditions must be no less than as those for Australian citizens or permanent residents doing the same work in the same place. Terms and conditions include but are not limited to salary for the nominated position, hours of work and leave entitlements.
  • pay the worker the annual market salary rate
  • comply with Australian immigration and workplace relations law

As the visa applicant, you must,

• hold a substantive visa or a Bridging visa A, B or C
• usually, have worked for your employer in regional Australia for at least 3 years full time while holding a subclass 457 or TSS visa
• have been nominated by an Australian employer whose nomination was approved in the 6 months prior to you applying

• You can apply for this visa from in or outside Australia. If you are in Australia, you must hold a substantive visa or a related bridging visa A, B or C. If your substantive visa has a no further stay condition, you might still be able to lodge an application in Australia in certain circumstances. You can be in or outside Australia when a decision is made on your application.
• You must currently be the primary visa holder of either a subclass 457 visa that was not granted under the Labour Agreement stream OR a subclass 482 (TSS) visa granted for an occupation on the Medium to Long-term Strategic Skills list OR a Bridging visa A, B or C. The bridging visa must be the one you were granted after your subclass 457 or TSS visa expired.
• You must have the required skills and qualifications needed to perform the tasks of the nominated occupation. DOHA might ask you to provide a skills assessment to show you have these skills.
• You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in.
• You must have relevant work experience:

  Your employer must have sponsored you to work full-time on your subclass 457 or subclass 482 visa for at least 3 of the 4 years prior to nominating you for the subclass 186 visa.

  If you held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, your employer must have sponsored you to work full-time for at least 2 of the 3 years prior to nominating you for this visa.

• You must be nominated by the employer who sponsored your temporary work visa.

  Your employer must have sponsored you to work full-time on your subclass 457 or subclass 482 visa for at least 3 of the 4 years prior to nominating you for the subclass 186 visa.

  If you held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, your employer must have sponsored you to work full-time for at least 2 of the 3 years prior to nominating you for this visa.

  Changes to sponsorship

  If the business ownership of the subclass 457 or subclass 482 sponsor has changed in the last 3 years - for example, due to a business sale, takeover or restructure - you might still be able to count the time you worked for the previous business.

  Eligible business

  You must be nominated by an Australian employer whose business is actively and lawfully operating in Australia and the position you are being nominated for must be in regional Australia.

• You must meet the age requirement;

  Usually, you must be under 45 years of age when you apply. You are exempt from this criterion if any of the following applies to you:

  • you are nominated as an academic (university lecturer or faculty head at Academic Level B, C, D or E) by a university in Australia
  • you are nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
  • as a subclass 457 or TSS visa holder, you have been working in the nominated occupation for the nominating employer for at least the last 3 years, and your earnings were at least as much as the Fair Work High Income Threshold for each year of that period
  • you are a medical practitioner who has worked in your nominated occupation for at least 3 years as a 457 or TSS visa holder, and for 2 of those 3 years were employed in regional Australia, and the position is in regional Australia

  Transitional arrangements

  If you held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, you can still apply for this visa if you are under 50 when you apply.

• You must have at least Competent English.

  From 16 November 2019, there is no exemption to the English language requirement for this stream of the visa.

• You must apply for the visa within 6 months of the nomination being approved.
• You and any family member included in this application must meet all the health and character requirements
• You or any family member must not have any debt to pay to the Australian government. If you or any family members (including those who do not apply for the visa with you) owe the Australian Government money, you or they must have paid it back or arranged to pay it back.
• If you are 18 years of age or older, you must: have read, or had explained to you, the Life in Australia AND confirm you will respect the Australian way of life and obey Australian laws when you sign an Australian Values Statement

Note: If you have had a visa cancelled or previous application refused, you may not be granted a visa.

• stay in Australia indefinitely
• work and study in Australia
• enrol in Australia's public health care scheme, Medicare
• sponsor eligible relatives to come to Australia
• travel to and from Australia for 5 years
• apply for Australian citizenship, if eligible

Consult with our expert registered migration agents to understand the nomination requirements for the employer to sponsor an applicant for this visa.

Be an eligible business

• Your business must:
  • have no adverse information known about it or any person associated with it, or it is reasonable to disregard this information
  • actively and lawfully operate a business in Australia
  • if it undertakes activities related to hiring labour to other unrelated businesses, the position must be within your business activities and not for hire to other unrelated businesses
  • have a genuine need for a paid employee to fill a skilled position
  • pay the Skilling Australians Fund levy when you submit your employer nomination application
  • have complied with Australian immigration and workplace relations laws
• Your business must also be able to:
  • offer a skilled position that is full time and ongoing for at least 2 years. The nominee's employment contract must not limit the position to 2 years
  • if the worker will earn less than AUD250,000 per year, pay them at least the annual market salary rate
  • demonstrate the applicant is eligible for any licence, registration or membership needed at the time you submit your nomination.

Have a skilled position

Unless transitional arrangements apply, the nominated occupation must:

• be on the list of eligible skilled occupations for this visa
• have the same ANZSCO 4-digit occupation unit group code as the occupation the subclass 457 or subclass 482 visa was granted in relation to

Transitional arrangements

The nominated occupation does not need to be on the eligible skilled occupations list for the subclass 186 visa if on 18 April 2017 the applicant held (or had applied for and was later granted) a subclass 457 visa.

Pay the Skilling Australians Fund Levy

You must pay the Skilling Australians Fund levy for any nomination application you submit.

Be the applicant’s current sponsor:

In general, if you sponsored the applicant for a temporary work visa, you can nominate them for this stream of the permanent visa. You must be the applicant’s most recent approved sponsor.

What visa the applicant must hold

Usually, when you nominate them, the applicant must hold or have most recently held:

• a subclass 457 visa granted under the Standard Business Sponsorship stream, or
• a subclass 482 visa granted under the Medium-term stream, or
• if on 18 April 2017 the nominee held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted), a subclass 482 visa granted under the Short-term stream

If the applicant does not hold a substantive visa when you apply to nominate them, they must hold a bridging visa that was granted to them when they applied for:

• a subclass 457 visa granted under the Standard Business Sponsorship stream, or
• a subclass 482 visa granted under the Medium-term stream, or
• a subclass 186 visa, or
• a subclass 187 visa, or
• if on 18 April 2017 the nominee held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted), a subclass 482 visa granted under the Short-term stream

How long the applicant must have held their visa

Usually, the applicant must have held one or more of the following visas for at least 3 of the 4 years before you nominate them for this permanent visa:

• a subclass 457 visa granted under the Standard Business Sponsorship stream, or
• a subclass 482 visa granted under the Medium-term stream

If on 18 April 2017 the applicant held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted) they must have held subclass 482 visa granted under the Short-term stream for at least 2 of the 3 years before you nominate them for this permanent visa.

How long the applicant must have been employed

Usually, the applicant must have been employed for at least 3 years of the 4 years before you nominate them for this visa (not including periods of unpaid leave):

• in the position, they were granted their visa to fill
• full time
• in Australia

If on 18 April 2017 the applicant held a subclass 457 visa (or had applied for a subclass 457 visa that was later granted) they must have been employed for at least 2 of the previous 3 years (not including periods of unpaid leave):

• in the position, they were granted their visa to fill
• full time
• in Australia

If the applicant was granted a visa to work in certain occupations, they must have been employed in the position they were granted their visa to fill for 3 of the previous 4 years (not including periods of unpaid leave).

Continuity of employment

If your business ownership has changed in the last 3 years - for example due to sale, takeover or restructure - you might still be able to nominate the applicant. You must show you and the previous business sponsor would be considered the same employer.

• There is no cost to nominate someone for the visa if the position is located in regional Australia. If the position is not located in regional Australia, it costs AUD540 to nominate someone for the visa. You are also required to pay the Skilling Australians Fund levy.
• If approved, your nomination will end if the employee you nominate:
  • does not apply for a subclass 186 visa within six months of the nomination approval
  • is refused a subclass 186 visa
• Nominators must:
  • employ the worker under the terms and conditions agreed to under the labour agreement. The terms and conditions must be no less than as those for Australian citizens or permanent residents doing the same work in the same place. Terms and conditions include but are not limited to salary for the nominated position, hours of work and leave entitlements.
  • pay the worker the annual market salary rate
  • comply with Australian immigration and workplace relations law

• You are expected to work for your nominating employer for at least 2 years.
• You must begin your employment within 6 months of:
  • entry to Australia if you were granted the visa outside Australia
  • the visa grant date if you were granted the visa in Australia
• You can include family members in your application when you apply OR add family members to your application after you apply but before a decision is made on your visa. For this visa, your family members are your partner; your dependent child or stepchild; your partner's dependent child or stepchild; the dependent child or stepchild of your or your partner's dependent child or stepchild.

  You can also include someone who holds a subclass 457 visa or subclass 482 visa if they have that visa on the basis they are a member of your family.

• You might have to pay an extra charge for any applicant 18 years old or older who applies for the visa with you and has less than functional English. This charge is called the second instalment. Pay it only when DOHA asks you to. The charge is only requested if DOHA is going to grant the visa. The second instalment charge for family members is AUD4,890.
• From the visa grant date, you can travel to and from Australia for up to 5 years. After that period, you will need a Resident Return (RRV) visa to re-enter Australia as a permanent resident.