The Employer Nomination Scheme (ENS) Subclass 186 visa is one of Australia’s most trusted permanent residency pathways for skilled workers. It allows overseas employees to remain in Australia permanently through employer sponsorship, while offering businesses a long-term workforce solution.

Whether you’re a skilled worker looking to settle in Australia or an employer aiming to retain key talent, understanding how the visa subclass 186 works is essential. This comprehensive guide explains the structure of the 186 visa, eligibility requirements, streams, benefits, common pitfalls, and how AIM Lawyers can assist in making the transition smooth and compliant.

What Is the 186 Visa?

The Subclass 186 visa is a permanent residency visa that enables skilled workers to live and work in Australia indefinitely, provided they are nominated by an Australian employer.

Unlike temporary work visas such as the subclass 482 visa, the 186 visa grants full permanent resident status. Applicants can include eligible family members and gain access to services such as Medicare and public education.

It is part of the Employer Sponsored Visa program and is typically used in one of two situations:

  • Skilled workers already working in Australia on a temporary visa, such as the 482 visa
  • Skilled workers offshore who are being offered permanent roles in Australia

Once granted, the 186 visa offers a pathway to Australian citizenship after meeting the relevant residency and character requirements.

Benefits of the 186 Visa

For Skilled Workers:

  • Permanent residency in Australia
  • Access to Medicare and other government services
  • Full work and study rights across all states and territories
  • Eligibility for Australian citizenship (after satisfying residency periods)
  • Inclusion of family members in the visa application
  • No need for ongoing employer sponsorship once the visa is granted

For Employers:

  • Permanent solution to retain high-performing overseas employees
  • Reduced sponsorship costs compared to multiple renewals of temporary visas
  • Stronger employee retention through long-term commitment
  • Compliance with workforce planning in industries with skill shortages
  • Improved business continuity by reducing staff turnover

For both parties, the 186 visa supports long-term stability and mutual investment in Australia’s skilled labour market.

Who Can Apply for the 186 Visa?

To apply for the 186 visa, both the employer and the employee must meet certain eligibility requirements.

Employee Requirements:

  • Be nominated by an Australian employer
  • Be under 45 years of age (some exemptions apply)
  • Demonstrate competent English (e.g., IELTS 6 or equivalent)
  • Meet health and character requirements
  • Possess the required skills, qualifications, and work experience for the nominated occupation
  • In the Direct Entry stream, hold a positive skills assessment from a recognised assessing authority
  • In the Temporary Residence Transition (TRT) stream, have worked for the employer on a 482 visa for at least two years

Employer Requirements:

  • Be an approved sponsor or eligible to become one
  • Operate a lawful, active business in Australia
  • Offer a genuine, full-time, ongoing position in an eligible occupation
  • Pay market rate salary and comply with all Australian employment laws
  • Maintain a history of migration and workplace compliance

For a full breakdown of requirements, visit our page on 186 visa requirements.

Streams of the 186 Visa: Direct Entry vs TRT

The Subclass 186 visa has two primary streams, each suited to different applicant profiles.

1. Temporary Residence Transition (TRT) Stream

This stream is for applicants who:

  • Are currently working in Australia on a medium-term 482 visa
  • Have worked with the same employer for at least two years
  • Are being nominated for the same position in which they’ve been employed

Key features of the TRT stream:

  • No skills assessment is generally required
  • Less documentation compared to Direct Entry
  • Ideal for workers who have built a long-term relationship with their employer

This is the most common pathway for skilled workers transitioning from 482 to PR.

2. Direct Entry Stream

This stream is for applicants who:

  • Are not currently on a 482 visa
  • Have less than two years of experience with their sponsoring employer
  • Are applying from offshore or from a temporary visa not eligible for TRT

Key features of the Direct Entry stream:

  • Requires a skills assessment
  • Requires at least three years of relevant work experience
  • Suitable for employers hiring skilled workers from overseas for permanent positions

Not sure which stream applies to you? Our legal team can assess your situation and help you choose the most appropriate route.

Step-by-Step Process: From Nomination to PR

Step 1: Employer Nomination

The process begins with the employer submitting a nomination to the Department of Home Affairs. This involves:

  • Proving the business is legally operating in Australia
  • Demonstrating the position is genuine, full-time, and ongoing
  • Providing detailed position descriptions and employment terms
  • Ensuring salary meets market rates and Fair Work standards
  • Explaining how the nominated employee meets the job requirements

For more, visit sponsoring an employee.

Step 2: Visa Application

Once the nomination is lodged (or approved), the visa applicant must submit their 186 visa application. This includes:

  • Personal identification documents
  • Employment contract and nomination details
  • English language test results
  • Skills assessment results (Direct Entry only)
  • Health and character assessments
  • Evidence of work experience and qualifications

Our team can help you prepare and review every part of the application to ensure accuracy and completeness.

Step 3: Department Assessment and Visa Grant

After submission, both the nomination and visa application are assessed by the Department of Home Affairs. If approved, the applicant is granted permanent residency in Australia.

Processing times can vary. AIM Lawyers ensures your application is legally robust and proactively managed to avoid delays.

Comparing the 186 Visa and the 482 Visa

While the 482 visa is a temporary work visa, the 186 visa provides permanent residency. Here are the key differences:

482 Visa:

  • Temporary, typically valid for up to 4 years
  • Requires sponsorship renewal for ongoing stay
  • Does not offer PR directly, unless transitioned via another visa
  • Offers limited access to public services

186 Visa:

  • Grants permanent residency immediately upon approval
  • Enables access to Medicare and other services
  • Provides a path to citizenship
  • Removes the need for ongoing employer sponsorship after grant

If you’re currently on a 482 visa, explore your 482 to PR pathway with our expert migration lawyers.

Common Reasons for 186 Visa Refusals

Even though the 186 visa is a well-established route to PR, refusals can still occur. The most common reasons include:

  • Incorrect or incomplete documentation
  • Employer not meeting sponsorship obligations
  • Position not considered genuine or full-time
  • Ineligible occupation or incorrect stream used
  • Skills assessment not accepted (Direct Entry)
  • Insufficient English language proficiency
  • Character or health issues

Avoiding these pitfalls requires attention to detail, up-to-date knowledge of immigration policy, and a well-structured application.

How AIM Lawyers Supports Employers and Skilled Workers

At AIM Lawyers, we offer end-to-end legal services for both visa applicants and sponsoring employers. Our role is to remove confusion, reduce risk, and streamline the visa process.

Our services include:

  • Assessing eligibility and selecting the right visa stream
  • Assisting with employer nomination applications
  • Preparing and lodging visa applications
  • Advising on documentation, compliance, and policy requirements
  • Managing communication with the Department of Home Affairs
  • Providing legal representation in the event of issues or refusals

Get clarity on your 186 visa eligibility and sponsorship options today.

Why Choose a Lawyer Over a Migration Agent?

While migration agents can assist with visa applications, only immigration lawyers:

  • Are trained in Australian law and procedure
  • Can represent you in appeals or tribunal matters
  • Are subject to higher ethical and professional standards
  • Offer a more strategic, risk-managed approach

For complex matters involving employer sponsorship, refusals, or PR strategy, legal advice provides deeper protection and stronger outcomes.

To learn more, visit our page on migration agent vs immigration lawyer.

When Should You Seek Legal Help?

You should consult an immigration lawyer if:

  • You’re unsure about which visa stream applies to your situation
  • Your visa was refused or is at risk of refusal
  • You’re sponsoring a skilled worker for the first time
  • There are changes in business structure, role duties, or employee circumstances
  • You need to include a partner or dependants in your visa application

Contact AIM Lawyers for expert support and peace of mind at every stage.

Take the Next Step Towards Permanent Residency

Whether you’re an employer looking to secure long-term staff or a skilled worker planning to settle in Australia, the 186 visa offers a clear and supported path to permanent residency.

Looking to apply for a 186 visa? Speak with AIM Lawyers for expert migration guidance.
Visit our Contact Page to request a consultation with a qualified immigration lawyer.

Frequently Asked Questions (FAQs)

What is the 186 visa in Australia?
The Subclass 186 visa allows skilled workers nominated by an Australian employer to live and work permanently in Australia.

Who is eligible for the 186 visa?
Eligibility depends on age, English ability, occupation, skills, work experience, and nomination by an approved employer.

What are the two streams under the 186 visa?
The Direct Entry stream is for new hires or offshore applicants. The Temporary Residence Transition (TRT) stream is for existing 482 visa holders who’ve worked for their employer for at least two years.

Can I include my family in the 186 visa application?
Yes. Partners and dependent children can be included and will also receive permanent residency if the visa is granted.

How can AIM Lawyers help with the 186 visa?
AIM Lawyers offers end-to-end legal advice for both employees and employers. We assess eligibility, manage documentation, lodge applications, and ensure full compliance throughout the process.