Is the Subclass 186 Visa Right for You?

By Ian Singer, Director & Principal Registered Migration Agent (MARN 0001947)

With over 25 years of experience in Australian migration law, Ian is one of the most trusted and respected Registered Migration Agents in the country. Since becoming a registered agent in 2000, Ian has helped thousands of individuals, families, and businesses — from start-ups to multinationals — achieve successful visa outcomes and long-term migration goals.

The Subclass 186 Employer Nomination Scheme (ENS) Visa stands out when considering permanent residency options in Australia. Designed for skilled workers with an authorised employer nomination, it offers a stable pathway to permanent residence.

The 186 visa has various streams, eligibility conditions and benefits. Understanding them is essential to deciding if it’s your best choice.

Key Takeaways:

• Permanent Residency Pathway: Subclass 186 grants permanent residence for skilled workers with employer nomination, providing access to Medicare, work rights anywhere in Australia, and eligibility to apply for citizenship after meeting residency requirements.

• Three Visa Streams: Choose from Direct Entry (for overseas applicants with MLTSSL occupation and 3+ years experience), Temporary Residence Transition (for TSS visa holders with 2+ years employment), or Labour Agreement (for specific industry shortages).

• Core Eligibility Requirements: Must have an approved Australian employer nomination, be under 45 years old (limited exceptions apply), meet skills assessment and English language standards, and pass health and character checks.

• Family Inclusion Benefits: Include your partner and dependent children in the application, granting them the same permanent residency rights, Medicare access, and work/study flexibility throughout Australia.

• Application Considerations: Processing takes 7-12 months with significant visa fees for families. Requires intensive documentation of qualifications and work history. Generally expected to remain with the nominating employer for 2 years post-grant to avoid compliance issues.

What Is a Subclass 186 Visa?

The Subclass 186 Visa is a permanent residency visa under Australia’s Employer Nomination Scheme. It allows skilled workers to live and work in Australia permanently. Once granted, it opens the door to various benefits, including access to Medicare, work rights, and the ability to apply for citizenship.

Streams Available Under Subclass 186

The 186 visa offers various pathways, including:

1. Direct Entry Stream

This visa stream is for individuals living outside Australia or who have not worked there for an extended period. To be eligible, you must be nominated for an occupation on the Medium and Long-term Strategic Skills List (MLTSSL), have at least three years of experience, and undergo a skills assessment.

2. Temporary Residence Transition Stream (TRT)

This pathway is ideal for those who already hold a Temporary Skill Shortage (TSS) visa (Subclass 482) and have worked for their employer for at least two of the last three years. This stream simplifies the transition from a temporary to a permanent visa.

3. Labour Agreement Stream

This stream is for applicants whose employer has a labour agreement with the Australian Government. These are typically in industries with a labour shortage, and the standard visa processes may not suffice.

Key Eligibility Criteria

Here are some important requirements for a 186 visa:

• Must be nominated by an approved Australian employer

• Must be under the age of 45 (with certain exceptions)

• Meet the skills, qualifications, and English language requirements

• Pass health and character checks

• Fulfil specific stream-related conditions

Benefits of Subclass 186

Some 186 visa benefits include:

Permanent Residency

One of the most significant advantages is that it grants permanent residency, allowing you and your family to settle in Australia long-term.

Access to Medicare

You become eligible for Medicare, Australia’s public healthcare system, which significantly reduces medical expenses.

Pathway to Citizenship

You can apply for Australian citizenship after living in Australia for the required duration.

Family Inclusion

You can include immediate family members like your partner and children, giving them the same rights and access to services as you.

Work and Study Flexibility

Once granted, you can work, study, and live anywhere in Australia.

Things to Consider Before Applying

Here’s what to consider before choosing a 186 visa:

Employer Nomination Is Crucial

You cannot apply without a nominating employer. Ensure your employer is an approved sponsor willing to undergo the nomination process.

Documentation Can Be Intensive

You’ll need to provide detailed evidence of your qualifications, work history, and English proficiency and undergo health assessments. Mistakes or omissions can delay or jeopardise your application.

Costs and Processing Time

The visa application fee can be significant, especially when applying for multiple family members. Depending on the stream, processing can take 7 to 12 months.

Age Limitations

Most applicants must be under 45 years old at the time of application. While there are exceptions, they are limited and generally apply to specific roles.

How To Decide

To determine if the 186 visa suits your circumstances, ask yourself:

• Are you employed or have a valid job offer from an approved Australian employer?

• Are you in a skilled occupation listed on the MLTSSL?

• Do you plan to settle in Australia permanently with your family?

• Are you prepared to meet the documentation and cost requirements?

If you answered “yes” to most of these questions, the Subclass 186 Visa might be the right fit.

How Australia Migrate Can Help

Navigating immigration pathways can be overwhelming. At Australia Migrate, our team of experienced migration agents can assist with:

• Determining your eligibility

• Identifying the most suitable visa stream

• Preparing and lodging your application

• Managing correspondence with the Department of Home Affairs

We understand how important this decision is for you and your family. With our tailored guidance, you can move forward with confidence.

FAQs

Here are answers to some frequently asked questions about 186 Visas.

1. Can you include your family in the application? You can include your partner and dependent children in your application.

2. Can you change employers after receiving a 186 visa? You are generally expected to stay with your nominating employer for at least two years after the visa is granted. Changing employers too soon can raise compliance issues.

3. Is a skills assessment required? It is mandatory for the Direct Entry stream but generally not required for the TRT stream.

4. How long does the visa take to process? Processing times vary, but most applications take between 7 and 12 months.

5. Do I need to be in Australia to apply? You can apply from within or outside Australia, provided you meet the eligibility criteria.

6. Can I apply without English language proficiency? You must meet a minimum level of English proficiency, which typically includes taking an approved language test like IELTS or PTE.

7. Will my visa be cancelled if I leave my job? There is no automatic cancellation, but the Department of Home Affairs may review your case if you leave your nominating employer shortly after receiving the visa.

Conclusion

The Subclass 186 Visa presents an incredible opportunity for skilled professionals seeking permanent residency in Australia. It’s a compelling option with benefits such as work and study rights, healthcare access, and a pathway to citizenship. However, it also comes with responsibilities and a detailed application process.

Before applying, assess your eligibility, prepare the necessary documentation, and consult with a professional migration agency like Australia Migrate. With the right support, the dream of calling Australia home is well within reach.

Contact us online today to start your application.