10 Useful Things to Know About Your Australian 186 Visa

 

The below are the 10 most common questions that I receive in relation to the Employer Nomination Scheme Subclass 186 visa.

Also, in this post, we outline the eligibility requirements for the 186 visa for the primary visa applicant in detail.

1) I’ve lodged my 186 visa application, and the company has lodged the nomination application. How long is it going to take to process?

According to the Department’s website, processing time is around 5-8 months. We think that this is a pretty good estimate of current processing times. However, this is just an indication of current average processing times. The Department’s processing time can be much longer.

Please do not ask me to predict the processing time for your application, or why there is a long delay with the processing of your application. I honestly do not have an answer for you. If you want an update in relation to your application, you will need to contact the Department.

2) Can I contact DIAC or my case officer directly and ask for an update on my application?

You can certainly do this. It is your application so even if you have a solicitor or migration agent acting for you, you can call up or email yourself and ask for an update.

But do not be surprised if this does not achieve much. Following up with the Department is not going to result in faster processing for your application. It may be difficult to contact your case officer directly, and you may not receive a clear response or any useful information (or any response at all).

3) I’ve lodged my 186 visa application and/or the company has lodged the nomination application. However, ‘something’ has come up and I don’t think that I will be able to work in the nominated position once the visa is approved. What is going to happen?

As part of the application, your sponsor makes the commitment that the nominated position will be available for 2 years on a full-time basis from the date of visa approval. Also, the terms and conditions of your employment cannot exclude the possibility of you extending your employment beyond the initial 2 years.

I am going to assume that sponsor has lodged the 186 nomination application and that the Department has not made a decision yet. You may or may not have lodged the 186 visa application. In this situation, if for whatever reason, the nominated position is no longer available, or if your sponsor is no longer able to make the commitment that is outlined above, then your sponsor’s nomination application no longer meets the eligibility requirements for nomination approval. Once your employer has determined that the eligibility requirements are no longer met, the nomination application should be withdrawn (and any associated visa application should also be withdrawn since the visa application cannot be approved without an approved nomination).

The above scenario can result from any number of causes, and may not be caused by the visa applicant at all. Below are some examples that I have encountered:

a) Due to my sponsor’s business slowing down, my nominated position has been made redundant / my employer is no longer able to provide me with full-time work / my employer cannot make the commitment that the nominated position will be available to me for 2 years from the date of visa approval; and

b) Due to personal circumstances (e.g. illness, situation with family member etc.), I am no longer able to work in the nominated role.

The cause can basically be any reason. It may be due to the action or situation of the sponsor, or the visa applicant. The result should be the same though. A ENS 186 visa is a permanent residency visa that is associated with a particular approved nominated position. If the nomination position is no longer available, or if the role no longer meets the eligibility requirements, then the nomination application should be withdrawn.

4) I have obtained my 186 visa. However, I need to leave my employer before I have completed 2 years of post visa approval employment. What is going to happen to my visa?

I have heard of all sorts of reasons for why people want or need to leave his or her employer. The below are just some examples:

  1. My employer is making me do duties which are not in my nominated role – I do not want to do these tasks
  2. My employer is not paying me the salary that was specified in my contract and/or visa application
  3. The ownership of my employing company has changed – I do not get along with the new management / owner
  4. I have been offered a role with another company and I want to take this
  5. My employer no longer needs my services and they have terminated my employment

Once you become an Australian permanent resident, the situation does change a bit. Generally speaking, there is nothing from a migration law perspective that can really prevent you from changing your employer or your role.

People tend to worry about whether their permanent residency visa will be cancelled if they leave their employer before completing 2 years of employment. But I would say that this generally will not occur unless you have provided the Department with ‘false or misleading information, or bogus documents either knowingly or otherwise’.

In my view, even if the Department is informed about your cessation of employment, they will not act to cancel your permanent residency visa unless they are provided with some clear evidence of fraud or misleading behaviour in relation to your visa application.

5) Do I need to work for 2 years on a 457 visa in the nominated position before I can apply for a ENS 186 visa?

Not necessarily. There are three eligibility pathways which you can satisfy in order to obtain a 186 visa. Completing 2 years of work as a 457 visa holder in the nominated role with your sponsoring employer is just one of the pathways.

Have a read of this post which explains the Temporary Residence Transition Stream (i.e. 2 years of employment as a 457 visa holder) and the pathway under the Direct Entry Stream.

6) For the Temporary Residence Transition Stream, can I count work from another employer, or work that I completed while holding a visa other than a 457 visa?

You can only count the duration of your employment as a 457 visa holder (not any other visa). The employment must be with the sponsor for your 186 visa. You cannot count employment with a previous employer.

Your work as a 457 visa holder must be the same role, or a similar role, as the role that is the subject of the 186 visa application (i.e. you cannot count employment with a different role, even if it is with the employer that is sponsoring you for the 186 visa).

7) What is the English language requirement for the 186 visa?

I have outlined English language requirement and the available exemptions. This post also covers the English language requirement for included dependents that are over the age of 18 years.

8) How much should I be paid if I obtain a 186 visa? What if I am not paid the salary specified in my contract and the nomination application?

Have a read of the ‘Market Rate’ requirement. If your sponsor is not paying you the salary specified in my contract and the nomination application, then this is more of a contract law and employment law issue. You can notify the Department, but I am not sure what action, if any, the Department would take in such a situation.

9) I’m on a 457 visa. I can submit a 186 visa application without my employer’s sponsorship?

No. You must be sponsored by an employer in order to lodge a 186 visa application. You cannot even start the online 186 visa application form until your employer has at least started to prepare the 186 nomination application (you need the reference ID from the nomination application in order to start the visa application).

10) Do I need a positive skills assessment outcome for my nominated occupation?

You need a positive skills assessment for your nominated occupation if you are applying under the skills assessment pathway of the  Direct Entry Stream.

Eligibility requirements for primary 186 visa applicant

In this post, we have outlined the 186 visa eligibility requirements for both the Temporary Residence Transition (TRT) stream, and the Direct Entry (DE) stream.

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90 thoughts on “10 Useful Things to Know About Your Australian 186 Visa

  1. Trica Keane

    Hi there. we are in WA on a 163 sub class business visa for the last 6 months. We husband is presently employed by a company…. We were thinking of applying for a 186 visa, as my daughter will be starting college next year and we will be charged international fees, and wouldnt be in a position to apply for a 892 visa before she starts college. Would really appreciate your opinion of this matter.

    Regards

    Tricia

    Reply
    1. Peng Cheng Post author

      Hi Tricia – I’m not too sure what you are asking me. Sorry, comments are for specific questions, and not general advice.
      PC

      Reply
      1. Trica Keane

        Ok I will try and rephrase the question, is it possible to change from a 163 business visa to a 186/187. Thanks. Do you have any prior experience of this visa change.

        Regards

        Tricia

        Reply
  2. Khan

    Hi Peng,
    I am in the process of an RSMS visa of a Retail Manager, the nomination has approved last week. I have done Graduate Diploma in Financial Management last July, majors are accounting, enrolled now in Master of Commerce. I am working on the same position as a part Store manager for last 27 months including 5 months full time after my diploma. Before that I worked 13 months as a full time retail manager in Australia with another company. Regional Development Australia directed me to this visa last year in an information session. Do you think I have sufficient experience to qualify for the visa?

    Reply
    1. Peng Cheng Post author

      Hi Khan,
      3 years of relevant experience may be sufficient since your qualifications don’t seem to be relevant – you need to properly experience your relevant experience.
      PC

      Reply
      1. Khan

        Thank you Peng for replying. My experience is as below. I looked after our family business back in 1998 to 2003 as a manager, it was a small business of reasonable size, the burden was too much so I closed business in 2003 and joined my brother in his school business until 2009 when I moved to Australia. I got a retail manager position with an employer in Westfield shopping centre Brisbane I looked after 3 kiosk model shops for them for 13 months until August 2010and then I had to move to part time because my visa conditions changed until Jan 2011 I worked their and moved to another place with same employer but different company and different business and since Feb 2011 to date I am on same part time store manager position. I finished my diploma in June 2012 and am continuing to be an accountant and the boss offered a full time role. I did work full time between sep 2012 to Jan 2013. I have done master in language. But this diploma is my only complete qualification in business, RDA said a closely related qualification will work, I dont know.

        Reply
  3. Lee

    457 visa is bond with condition that the visa holder MUST work with the sponsored employer.

    Is 186 visa the same? Or after getting 186 visa can the visa holder change his job and work something/somewhere new?

    Reply
  4. mira

    hi peng

    i applied for 186visa on 12th feb 2013. i have 6years pre qualification work experience and 2years post qualification work experience as a pastry cook.

    i just want to know that if my visa application will be refused can i apply onshore 457visa?

    thank you

    Reply
  5. Karen

    My employer lodged my nomination 3 days before my sponsorship 2 years was up, I lodged my application a week after my 2 years was up, a case officer called my employer and said that both me and my employer have to withdraw the applications and there is no refund as it does not meet the criteria, is this true?

    Reply
    1. Peng Cheng Post author

      Hi Karen,
      For the 2 year pathway, you need to lodge after you satisfy the requirement – wording is: before the nominator made the application. So sounds right sorry.
      PC

      Reply
  6. Perle

    Hi Peng, we are holding 457 visa which is going to expired end of July. Our nomination for 187 visa is approved and we’ll need to lodge the application soon in order to obtain the bridging. The problem is we have a newborn (born in Australia) who is still waiting for her passport but she won’t get the passport until September.

    I called immigration for advices twice and got two conflicting answers. The first agent told me to not include her name in the application and write a cover letter to the CO to say that we’ll add her to the application as soon as we receive her passport and to include her birth certificate as a supporting document. The other agent said we needed to put her name in the application before lodgement since she’s already existed. But because we don’t have the passport number we’d have to put something in the passport no. field (as well as dates) otherwise the online application can’t be completed. However, that’d be a false information and that the application may be rejected. My questions are what would be the best way to pursue? Can we add the child to the application later and if yes, would she still receive a bridging visa when our 457 visa runs out at the end of July? Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Perle,
      I would just include a letter stating that your daughter is included in the application but passport is pending – including birth certificate if you have this. A baby born to a visa holder holds the same visa as the visa holder, whether that be a bridging visa or 457 visa.
      PC

      Reply
  7. Archana

    Hi Peng,

    I have applied for 186 visa under transit stream case officer is already been allotted, now the hurdle in my case is that i have included my mother also in my visa application who lives in India. She is dependent on me since 2002 because my father died and i am her only child. I have been living here in melbourne since 2010 with my wife and one child on 457 visa. My mother in India is withdrawing money from my bank on monthly basis.
    I attached my fathers death certificate as a evidence that she is widow and me and my mothers passport as a proof of same residence and also the last 12 months of bank statement of my account from which she is been widrawing money still she is not convinced to grant her visa. I dont know what to do how to convince her ,when we came here first we did not know that we would be having plans to live here for long so we did not bring her with us. But now as we are applying permanent residency have have long stay plans we have to include her in our application so that she has the option to stay with us because sooner or the later she has to stay with usbecause there is no one else to take care of her in India as she is growing old also. Please tell me what to do.

    Thanks Archana

    Reply
    1. Peng Cheng Post author

      You need to prove financial dependency – I can see that you have done this. I’m not in a position to give specific advice.

      Reply
  8. John

    Hi Peng,

    I am about to submit a 186 visa application, and my employer has agreed to pay the migration agency fees and application costs; although i will have to pay back the application fee to them over a number of months. If I am made redundant before the visa is approved, i will have to cover all the costs as the visa application fee is non-refundable.

    In this case, is it possible to change the type of visa application without losing the fee? I might be able to apply for a 189 visa if the 186 visa doesnt work out.

    Cheers

    Reply
    1. Peng Cheng Post author

      Hi John,
      Once you have lodged the 186 application, you can’t change it to a 189 application.
      PC

      Reply
  9. Mary jones

    Hi,
    I am currently on a 457 sponsorship. I intend to apply for ens186 once my 2 years are completed. My employer is however not paying me as per the contract submitted with my 457 application. If I choose to, ( after my 186 is hopefully approved) take this up legally with my employer, will it cancel my 186?
    Kind regards

    Reply
    1. Peng Cheng Post author

      Hi Mary,
      I don’t think this will lead to visa cancellation – although I question whether you have the necessarily intention to work for your employer for 2 years from the date of visa approval, assuming that they pay you properly.
      PC

      Reply
  10. Shoeter

    Hi Peng

    If someone has been employed on a 457 visa on a nominated occupation for only one year, but he wants to go under the direct entry pathway – can it be a different position? For example, his nominated occupation for 457 is Training and development professional, but will use “Specialist Managers nec” for the ENS application (he has positive skills assessment and three years relevant experience) and the sponsoring employer has the position of specialist managers nec position available for two years?

    Reply
    1. Peng Cheng Post author

      Hi Shoeter,
      The ANZSCO occupation doesn’t necessarily need to be the same. The ANZSCO for your positive skills assessment just needs to be the same as the ANZSCO for the nominated role (and of course, the duties of the role need to align with that ANZSCO).
      PC

      Reply
      1. Shoeter

        Hi Peng

        Thank you for your reply.

        But would the DIAC question whether this person has changed his role, but failed to notify the DIAC?

        thanks peng.

        Reply
        1. Peng Cheng Post author

          Hi Shoeter,
          This may prompt DIAC to ask questions, which will cause issues if the 457 visa holder is not working in the approved role.
          PC

          Reply
  11. bhim

    Hi peng,
    I have applied 186 Visa last month.just wondering Is that possible to check my process through online.As I have checked my 457 visa process through online while I applied for 457.
    I got TRN number when I applied my 186 visa,so could you please let me know if I can check my visa status through online.
    Thanks

    Reply
  12. Lindsay

    Hi,
    I have applied for a 186 visa through my job, with my de facto partner sponsored for permanent residency also. I would like to ask, what are his rights as a resident, for example if we separate or if I change employers? Is he still a permanent resident in his own right?

    Thanks for your help.

    Reply
    1. Peng Cheng Post author

      Hi Lindsay,
      He holds permanent residency in his own right. If you separate, this does not change his PR status.
      PC

      Reply
  13. Preet

    Hello sir

    Kindly advise if both husband and wife are on separate 457 visas.

    Can they file for ENS after completing the two year period of employment.

    Can wife file for ENS and include husband as dependant in the ENS file?

    I look forward to hearing from you.

    Kindly advise if there are any issues.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Preet,
      Can they file for ENS after completing the two year period of employment – yes that is possible.

      Can wife file for ENS and include husband as dependant in the ENS file – yes that is possible.
      PC

      Reply
  14. JOHANN

    Hi Peng Cheng,

    I have stayed in Australia under visa457 from Sep 2011 – Sep 2013. I recently applied for another two years working period with my current employer and being granted another visa 457. Accordingly, I am eligible to apply for visa 186 – Temporary Residence Transition stream. I plan to apply for PR next month.So I wonder if
    1) Do I and my employer have to re-apply for approval of nomination again? Is the recent approval of nomination (less than 6 months) is still available?
    2) Same question with the approval of sponsorship
    3) What is other paperwork that I have to provide?

    Thank you for your help.

    Reply
    1. Peng Cheng Post author

      Hi Johann,
      1. Yes but for the 186 nomination (not 457 nomination)
      2. No – there is no sponsorship application for the 186
      3. Have a look at the checklists for the 186 visa and nomination
      PC

      Reply
  15. Monica

    Hi, I applied for visa 186 in May 2013 (my employer lodged the nomination and I lodged my application) they contacted us and said it is in process but it might take longer than expected. I still have 2 years left on my 457 visa. I was wondering if I get a job offer, am I able to change jobs or do I have to wait until my 186 is approved.

    Thanks,
    Monica

    Reply
    1. Peng Cheng Post author

      Hi Monica,
      In the visa application form, as the applicant, you are required to declare that you:
      1. Agree to work in the nominated position for at least two years; and
      2. Understand that if you as the applicant, or any family members included in the application or third parties acting your behalf, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and you may be subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled.
      Effectively, this means that when your visa application is lodged, you must have the intention to work for your sponsoring employer in your nominated role for at least 2 years from the date that the visa is approved.
      PC

      Reply
  16. Micheal Farrell

    Thanks for the post. V helpful and far more informative than anyone who I talked to working the Immigration phone line

    Reply
  17. Paul Gormley

    Hi Peng
    Amazing web site.
    Ive just recently been nominated by my employer for a 186 visa under the ens scheme. My employer has lodged my application and ive received my TRN. This is where the problem starts. When i go online and try fill out my application, once i get on page number 4 of 19 I get a warning stating ‘ The position that this application relates to must be a position that the applicant has been nominated for by their prospective employer. These nomination details cannot be verified and my application may be refused if I proceed’
    What does this mean as I was never given the option to select my nominated position and ive seen what my employer has selected as my occupation on my 186 and it is exactly the same as it was on my 457?
    Thanks Peng

    Reply
    1. Peng Cheng Post author

      Hi Paul,
      Sorry but I’ve never encountered this message before – I suggest that you give DIBP a call and ask.
      PC

      Reply
  18. ccl

    Hi Peng Cheng,

    Juz a quick question, i am on 186 visa still in the process, my father juz pass away and i need to travel back to my country immediately but i have not yet apply bridging visa, can i submit it when i come back to australia? Thank you

    Reply
    1. Peng Cheng Post author

      Hi Ccl,
      You probably need the bridging visa to come back to Australia, and this is not something that you can apply for outside of Australia as you need to get your bridging visa B before you leave.
      PC

      Reply
  19. KW

    Hi,

    My 186 Temporary Residence Transition stream nomination is approved. I am trying to apply for the online application but when i proceed I am getting below warning:
    The position that this application relates to must be a position that the applicant has been nominated for by their prospective employer. The nomination details provided cannot be verified, please check that the correct details have been entered before continuing. If you proceed with lodging this application and incorrect nomination information is provided, this application may be Refused.

    Is this normal warning or should I contact the immigration department before I submit my application?

    Many thanks.

    Reply
    1. Peng Cheng Post author

      Hi KW,
      That warning should not come up if the nomination has been approved – you are not entering in the details of the approved nomination correctly which is why the system can’t link it up with the approved nomination.
      PC

      Reply
      1. Hans

        Dear Peng,

        I got the same warning message when I lodge my 186 visa via direct entry stream. Is it because that my nomination has not been approved (It is lodged only 5 days ago)? I also double checked with my HR officer that all my information is correct in the nomination. Could I continue my lodgement regardless of this warning message?

        Thank you!

        Reply
        1. Peng Cheng Post author

          Hi Hans,
          I think that it is possible the nomination hasn’t been approved yet – as long as you enter in the correct nomination details, you can go ahead with the visa application.
          PC

          Reply
  20. sandhya

    hi
    i have been working on 457 as a Nurse with the same employee for last 2 yeas but the business got sold one year ago.now i have completed my 2 yeas and wanting to apply PR though transitional pathway.my question is does my 2 years counts even tough i am working for the same company but under different management?
    your suggestion would be much helpful.
    thanks
    sandy

    Reply
    1. Peng Cheng Post author

      Hi Sandy,
      If the legal entity changed (i.e. the ABN changed), then you cannot count work that was completed with an employer with a different ABN.
      PC

      Reply
  21. Kris

    Hi Peng!
    My employer is sponsoring me this visa. I would like to include my partner who is not currently in Australia because he is still studying in my home country. Is this possible? Can I include him as my dependent and process his medicals in our home country?

    Thanks!

    Reply
  22. John

    Hi,
    I’m on a 457 visa for more than 2 years now and my employer agrees to sponsor me for ENS 186. Once we submit the nomination and visa applications, will it be possible to work for another employer until the visa is approved (as contractor) and then go by back to my sponsoring employer? Thanks in advance

    Reply
    1. Peng Cheng Post author

      Hi John,
      No – you hold a 457 visa. You can only work for your sponsor, and you can only work in your approved role.
      PC

      Reply
  23. nizar

    halo peng.. i just lodged my ens but after 1 month my company that sponsor me closed down..what going to happened and what should i do? thanks before

    Reply
    1. Peng Cheng Post author

      Hi Nizar,
      If your sponsor has closed, then I can’t see how the Department can approve the nomination since the role is no longer needed. In which case, they won’t be able to approve the visa either. You may have to look at other visa options.
      PC

      Reply
  24. Anu

    hi Peng,
    I work for IT company and has served 2 years already with the same employer. I have initiated my approval process for self-funded Permanent Residency. In near days, i will be recieving the approval from the HR and the case will be directed to one of company preferred agent. Agent will charge me additionally ~3800AUD approx as their fees. Can i apply 186 visa on my own? What are the challenges i will face while applying all alone. Do u have any agent in VIC which charges nominal fees.

    Reply
    1. Peng Cheng Post author

      Hi Anu,
      You can prepare and lodge your own application – there is no requirement to use an agent. We don’t have an office in VIC, but we have assisted plenty of clients in VIC with their visa applications.
      PC

      Reply
  25. Vijay

    Hi Peng,
    I’m in 457 visa from last 2 years but my role (job position) got changed due to company’s restructuring. Though the main duties are still the same and it is more of just change of role name but I want to know whether I can still apply for PR under Employer sponsorship? Will there be any complexities due to change of position?

    Reply
    1. Peng Cheng Post author

      Hi Vijay,
      To apply under the Temporary Residence Transition stream, you need to complete two years of employment with the employer that sponsored you for your 457 visa. Employment with a different 457 visa sponsor can’t be counted towards the two years. You need to have been working in the role that you will be sponsored for under the Subclass 186 visa application for at least 2 out of the last 3 years (excluding periods of unpaid leave). This also means that employment completed in a different role cannot be counted, even if you performed this role with the same sponsor.
      If you worked in the same role but only the position title changed, then you may still be able to apply under the TRT stream.
      PC

      Reply
  26. Grace

    This is really helpful. Your assistance is beyond expectation. Thank you.

    I would like to ask if I can lodge my ENS TRT application without waiting for the nomination approval. My employer has already nominated me and I have the application number last 10th of Nov 2014 but I am still waiting for the approval.

    Do I need to wait for it or do I just start lodging my application?

    Thanks heaps!

    God bless you.

    Reply
    1. Peng Cheng Post author

      Hi Grace,
      You can lodge the visa application before the nomination is approved – although some people wait for nom approval just to avoid the possible risk of nom refusal.
      PC

      Reply
  27. Sam

    Hi,
    I have submitted an EOI in Skillselect hoping that an Employer will nominate me for my occupation either via 186 or 187 visa (Direct Entry Stream). What are my chances of getting a nomination? What will be the main criteria that an employer would consider? Which occupations mostly get nomination through this stream?
    Thanks in advance,

    Regards,

    Sam

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      We have only assisted with clients that already have a sponsor in place. I don’t have any experience with trying to find a sponsor through the EOI system so sorry, can’y really advise in this regard.
      PC

      Reply
  28. sam

    Hi I worked for my first employer for 8months on 457 and changed employer on the same 457 visa.My position remained the same as the first one,so the question is that will the 8 months be counted in the two years or not.Thanks

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      Those 8 months won’t count for the purpose of applying under the TRT stream.
      PC

      Reply
  29. James

    Hi there, I’m currently on 457 (three years + and will expired December 2014). Can I still apply for 186 with a new employer through TRT stream? Assuming my new employer will sponsor, intention to work for them for 2 years in the same role. Many thanks.

    Reply
    1. Peng Cheng Post author

      Hi James,
      For the TRT stream, you need to work for 2 years for your current employer, which is the employer that will also be sponsoring you for PR.
      pc

      Reply
      1. James

        Thanks Peng for replying.
        Could I still apply for a 186 with my new employer under the Direct Entry stream or the Agreement stream given that I have 3 years relevant work experience?
        My concern is tight time frame. My intention is to get a 186 visa and start work immediately with my the new employer without getting a new 457 and wait for another 2 years for the TRT stream.

        Reply
      2. James

        Peng, further to my questions above can I start work with my new employer whilst waiting for my 186 visa? that is my previous employer cancel my 457 as I don’t work for them anymore.

        Reply
        1. Peng Cheng Post author

          If you still hold a 457 visa that is under the sponsorship of your old employer, then you can’t work for a new employer unless they lodge a 457 nomination application and the Department approves this – which will transfer your 457 visa sponsorship over to the new employer.

          Reply
  30. William

    Hello

    I am currently on a working holiday visa and my employer is looking to nominate me for a 186 visa, my skill is on the SOL however I only have 1 years working experience in total and I have worked in various other industry’s. My 6 months are almost up and just trying to find out my options. He wants to go for the 186 however I’m not sure if I have enough working experience or not. My qualification has been successfully assessed.

    I’ve heard I may need three years experience is this right?

    Thanks

    Bill

    Reply
  31. Cedric

    Hi , am I eligible to apply for the 186 nomination if the employer gave me all the details documents needed except the financial proof and training benchmark as it is privately confidential but Will provide them when requested by the immigration.The thing is that I’ve already applied for it the only thing missing is the training benchmark and the financial proof , I’ve attached a letter to the application to notify the case officer .is it fine if I did so ?
    Thanks a lot for your help
    Regards
    Ced

    Reply
    1. Peng Cheng Post author

      Hi Cedric,
      The Department won’t be able to approve a 186 nomination unless they have assessment the training requirement and financials. Generally speaking, the Department will contact the applicant for outstanding information, but they can also just make a decision on the documents that you have submitted.
      PC

      Reply
  32. Paul

    Hi,

    My partner is on a 457 visa she’s going to apply for a 186 visa in august, we have been together for 3 years, but we are only moving in together in june (signing in a lease together), and we are filling out our de facto relationship forms in april as well as opening accounts together, etc. Can my partner include me in her 186 application? even thou we haven’t lived together for 6 to 12 months? How does the 6 to 12 months rule apply in the case of adding a de facto partner to a 186 visa? are they perhaps more lenient with the 186 visa as suppose to meeting the relationship requirement when applying for partner/married visas??

    any help advice is immensely appreciated…

    Regards,
    Paul

    Reply
    1. Peng Cheng Post author

      Hi Paul,
      As a general rule, the Department will want to see 12 months of living together for de-facto relationships for the purpose of PR application.
      PC

      Reply
      1. Paul

        Hi,

        First of all thank you for responding to my query, i guess the confusing part for me is “For a married partner, the marriage must be legal under Australian law. For a de facto partner, the relationship needs to have existed for SIX OR 12 MONTHS before you lodge the application. The length of the de facto relationship depends on the visa you are applying for.” I copied that from the immigration website on putting de facto partners on a 186 application.

        Regards,

        Paul

        Reply
        1. Peng Cheng Post author

          Hi Paul,
          Not saying that you can’t lodge a valid application – just saying that this is what we usually do for our clients.
          PC

          Reply
          1. Paul

            Ok, Understood.

            Thank you so much for your services I’ve found the blog and the queries and responses on this page to be far more informative and helpful than the the actual immigration website or even the call centre itself. Keep up the good work!

            do u reckon that my visa will get refused if i apply with less than 12 months? and do i get a bridging visa while i await for a decision ?

            Regards

            Paul

          2. Peng Cheng Post author

            You should get a bridging visa A that will allow you to remain in Australia until a decision is made.
            I’m not going to make a prediction just based on that issue only.

  33. Sina

    Hello,
    First of all thanks very much for this very helpful post. I have a question about this VISA.
    I’m currently on my wife’s student VISA with full-time work permission. I’ve been working for a company for about 2 years now, and last year I have applied for subclass 186, with nomination through the same company, and I’m still waiting for my VISA.
    My question is that do I need to work for 2 more years for this company (starting from the time the VISA will be issued)? I have already worked for 2 years for them now? Can I leave the company after VISA is issued?

    Reply
    1. Peng Cheng Post author

      Hi Sina,
      The commitment that you make is to work for at least 2 years from when PR is granted.
      PC

      Reply
  34. Rume

    Hi,

    My husband is 574 dependent visa holder. He has been nominated for direct entry 186 visa scheme(which hasn’t been approved yet) .We are thinking of lodging 186 and I am thinking of quitting my studies. As 186 visa might take 6-8 months to be approved, my question is will we be granted bridging A for the time being so that he can work till the visa is approved? Or else what is the provision?

    Thanking you in advance.
    Rume

    Reply
    1. Peng Cheng Post author

      Hi Rume,
      You will get a BVA, but your student visa is still valid. You remain on your student visa while it is valid, and you are subject to the conditions of this visa. The BVA will only come into effect once the student visa has expired.
      PC

      Reply
  35. Aman

    I have apply for ENS 186 in octuber after apply for visa I went to my home country in January 2014 &came back in Feb now how long to take to get my visa

    Reply
  36. Bahman

    Hi,
    Thanks for your interesting article. My employer has applied for 186 nomination on December and we are waiting for the result. Recently he has received an email saying case officer has been assigned. I am willing to work with my current employer for two years and he is also happy with this and prepared all the required documents.
    My question is should I also lodge visa application or I should wait for the nomination result? I have already prepared all other requirements like skills assessment, IELTS, Medical, etc.
    My only concern is they don’t accept my employer’s documents because he hasn’t done this before and then I loose the application fee very simple!

    Reply
    1. Peng Cheng Post author

      Hi Badhman,
      That is really up to you – obviously waiting for the nomination approval does remove the risk of nomination refusal. But lodging earlier does get your application in the queue earlier.
      PC

      Reply
  37. Alex

    Hello Peng,
    I’ve been working on 457 over the last 1 year and 8 months. My Company agreed to initiate a DIRECT ENTRY 186 ENS prior to my 2 full years of employment, due to a certain exemption criteria.
    ENS basically declares me to take up the position for at least two years. The Question: Once my 186 ENS will be approved, am I eligible to count the time I’ve spent already with my employer (it should be almost two years already by that time)?

    Many thanks,
    Alex

    Reply

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