The Employer Nomination Scheme (subclass 186 visa) provides a permanent residence pathway for skilled overseas workers and allows Australian employers to retain key talent in critical roles. Applicants must meet stringent criteria relating to qualifications, skills, English language proficiency, and employment history, while sponsors are required to comply with detailed immigration and workplace obligations.
This article outlines the core requirements of the 186 visa for both skilled workers and human resources professionals. It also explains the difference between the Temporary Residence Transition (TRT) and Direct Entry streams and highlights how AIM Lawyers can support applicants and sponsors through this complex process.
Employer Nomination Obligations
An approved nomination by an Australian employer is a prerequisite for a 186 visa application. The sponsoring business must satisfy a range of legal requirements imposed by the Department of Home Affairs.
Key Nomination Requirements
- Lawful business operations: The employer must be actively and lawfully operating in Australia.
- Genuine, full-time position: The role must be full-time, ongoing for at least two years, and aligned with the nature of the business.
- Market salary rate: The position must offer remuneration at or above the Temporary Skilled Migration Income Threshold (TSMIT), currently $70,000, and reflect local labour market standards.
- Occupational relevance: The nominated occupation must appear on the current Medium and Long-term Strategic Skills List (MLTSSL).
- Compliance with employment law: Sponsors must comply with the Fair Work Act 2009 and provide lawful terms and conditions of employment.
To ensure compliance with sponsorship obligations and documentation, employers are encouraged to consult our Employer Sponsored Visas team.
TRT vs Direct Entry: Choosing the Right Stream
Applicants must apply under the appropriate stream of the 186 visa, depending on their visa status and work history.
Temporary Residence Transition (TRT) Stream
The TRT stream applies to those who have worked with their sponsoring employer for at least two of the past three years while holding a qualifying visa (typically a 482 or 457).
TRT Eligibility Criteria:
- At least two years of full-time employment with the same sponsor in the nominated role
- Holder of a 457, 482 or bridging visa linked to these subclasses
- Nominated occupation must be on the MLTSSL
- Applicant is under 45 years of age (unless exempt)
- A skills assessment is generally not required
Example: Priya, a registered nurse, has worked full-time on a 482 visa for over two years with the same employer. She qualifies under the TRT stream and is exempt from a skills assessment.
Direct Entry Stream
This stream is for applicants who are outside Australia, have not worked for the employer for two years, or hold a visa that does not meet TRT requirements.
Direct Entry Eligibility Criteria:
- At least three years of full-time, relevant post-qualification work experience
- A valid skills assessment from the appropriate authority
- Nominated occupation must appear on the MLTSSL
- Applicant is under 45 years of age (unless exempt)
Example: Daniel, a mechanical engineer based overseas, secures sponsorship from an Australian employer. With five years of experience and a positive skills assessment from Engineers Australia, he qualifies under the Direct Entry stream.
For guidance on selecting the appropriate stream, visit our Skilled Visas page.
Qualifications and Work History
All applicants must demonstrate that they possess the qualifications and professional experience necessary to perform the nominated role.
Required Documentation:
- Formal qualifications (e.g. degree, diploma, trade certificate)
- Employment contracts and reference letters
- Payslips and tax records for TRT stream applicants
- ANZSCO-aligned position descriptions
Employers are responsible for providing supporting documents that establish the authenticity and relevance of the nominated position within their organisational structure.
Skills Assessment Requirements
A skills assessment is mandatory for Direct Entry applicants and must be issued by the designated assessing authority for the nominated occupation.
Examples of Assessing Bodies:
- VETASSESS – general professional occupations
- Engineers Australia – engineering roles
- Australian Computer Society (ACS) – IT professionals
- Trades Recognition Australia (TRA) – trade roles
- CPA Australia, CA ANZ, IPA – accounting roles
Skills assessments are not usually required under the TRT stream unless requested by the Department.
We recommend early preparation, as assessments may take 8 to 16 weeks. AIM Lawyers can assist with managing this process to ensure accuracy and timeliness.
English Language Requirements
Applicants must demonstrate at least ‘Competent English’, typically evidenced by one of the following:
- IELTS – score of 6.0 in each band
- PTE Academic – score of 50 in each component
- TOEFL iBT – 12 (Listening), 13 (Reading), 21 (Writing), 18 (Speaking)
- OET – Grade B in each component
- Cambridge (CAE) – score of 169 in each band
Exemptions apply for citizens of the UK, USA, Canada, New Zealand and Ireland, or those with five years of full-time study in English.
Occupation List Eligibility
The nominated occupation must be listed on the MLTSSL at the time of nomination and application. The list is reviewed regularly, and eligibility can change.
Common Eligible Occupations Include:
- Registered Nurse
- Software Engineer
- Civil Engineer
- Construction Project Manager
- Electrician
- Chef
The nominated role must closely align with the ANZSCO description, and applicants should ensure their documentation reflects this.
For assistance in confirming occupation eligibility, visit our Immigration Services page.
Frequently Asked Questions
1. Do I need a skills assessment for the 186 visa?
Yes, for Direct Entry applicants. TRT applicants typically do not require one unless directed by the Department.
2. Can I apply for the 186 visa while on a 482 visa?
Yes. The TRT stream is specifically designed for such transitions, provided you meet the two-year work requirement.
3. How long must I work for my employer before applying?
You must work full-time in the nominated role for at least two of the last three years under the TRT stream.
4. What if my visa application is refused?
You may be eligible to lodge a review application with the Administrative Appeals Tribunal. Visit our AAT Appeals service for support.
Subclass 186 Visa Checklist
For Applicants:
- Passport and ID
- Academic qualifications and transcripts
- English test results
- Positive skills assessment (Direct Entry)
- Employment reference letters and payslips
- Police clearance and health checks
For Employers:
- Position description and employment contract
- Organisational chart and business registration details
- Financial records (e.g. BAS, profit and loss statements)
- Evidence of market salary benchmarking
For a full case review, speak with our team via the AIM Lawyers contact page.
Why Choose AIM Lawyers?
The subclass 186 visa process involves detailed legal compliance across both immigration and employment law. At AIM Lawyers, we work closely with employers and visa applicants to:
- Draft employer nominations
- Confirm stream eligibility
- Coordinate skills assessments and evidence gathering
- Prepare and lodge visa applications
- Advise on refusals and represent clients in AAT proceedings
We are based in Melbourne and serve clients across all Australian states and territories.
For advice on your individual case, contact AIM Lawyers today.
Conclusion
Subclass 186 visas offer a vital opportunity for skilled workers to secure permanent residence and for Australian employers to retain key international staff. Whether applying under the TRT or Direct Entry stream, success depends on careful planning, documentation, and legal compliance.
If you are considering an application or sponsoring a skilled worker, AIM Lawyers can provide strategic guidance from start to finish.