186 Visa Requirements: Australia Employer Checklist
If you’re an Australian business looking to retain a valued overseas employee permanently, the Subclass 186 Employer Nomination Scheme (ENS) visa is one of the most direct pathways to get there. Unlike temporary sponsorship visas, the 186 grants your employee permanent residency from the day it’s approved — no further visa needed, no points test, and no labour market testing requirement.
But employer obligations under the 186 are detailed, and missing a requirement can add months to processing. Below is a practical breakdown of what’s required, stream by stream, plus a checklist you can use to prepare your nomination.
The Three 186 Visa Streams
Before you start gathering documents, it’s worth confirming which stream applies to your situation — the evidence required differs across each one.
Direct Entry (DE) is for employers nominating someone from overseas (or onshore on another visa) who hasn’t already been working for you on a 482. The nominee needs a positive skills assessment in their occupation and at least three years of relevant work experience.
Temporary Residence Transition (TRT) is for employers looking to transition an existing 482 visa holder to permanent residency. The nominee must have worked for you, in the nominated occupation, for the required period on their 482 — a pathway many employers use once a sponsored employee has proven themselves.
Labour Agreement applies where a 186 nomination has been negotiated as part of a formal labour agreement between the employer and the Department. This stream follows the terms set out in that agreement rather than the standard DE or TRT criteria.
Core Employer Requirements
Regardless of stream, employers need to satisfy the Department that the sponsorship and nomination are genuine. At a minimum, you’ll need to demonstrate:
- A genuine, full-time, permanent position — the role must actually exist and be needed in your business, not created to facilitate a visa.
- An eligible occupation — the nominated role must sit on the relevant skilled occupation list for your stream.
- Market salary rate — you must pay the Annual Market Salary Rate (AMSR) for the occupation or meet the Core Skills Income Threshold that applies at the time you lodge (whichever is higher).
- Financial capacity — evidence your business can support the position for at least 2 years.
- A clean compliance history — no adverse information recorded against your business as a sponsor.
Employer Nomination Document Checklist
Here’s what we typically ask employers to pull together for a 186 nomination (to be used as a guide only):
1. Business information
- ABN registration details and ASIC extract
- Evidence of financial capacity (financial reports, tax returns, BAS, or bank statements)
- Trust deed, if your business operates as a trust
2. Nominated position
- A detailed position description aligned to the correct occupation classification
- A full-time employment contract confirming salary, hours, and conditions
- Organisational chart showing where the role sits and who else holds similar positions
3. Genuine need and market rate evidence
- A statement setting out why the position is genuinely required
- Evidence of the market salary rate, or the payslip and contract of an equivalent Australian employee
4. Stream-specific evidence
- Direct Entry: none additional beyond the above (the applicant’s skills assessment and experience are assessed separately)
- TRT: evidence of the nominee’s employment history with you on their 482 — payslips, leave records, and an employment reference confirming the required period
5. Forms and declarations
- Employer Nomination Questionnaire, completed in full
- Form 956, signed and dated
- Signed client agreement, if you’re working with a migration agent
What the Employee Still Needs to Provide
While the nomination sits with the employer, the visa application itself is the employee’s responsibility. Broadly, they’ll need to show identity documents, a skills assessment (Direct Entry only), evidence of work experience, English test results, and meet standard health and character requirements. If you’re coordinating the process for your employee, it’s worth confirming early which of these are already on file from a previous visa application.
Getting the Nomination Right the First Time
The most common cause of delay on 186 applications isn’t missing paperwork — it’s evidence that doesn’t clearly demonstrate genuine need, or a market salary claim that isn’t properly supported. Employers who prepare a complete, well-evidenced nomination upfront tend to see meaningfully faster outcomes than those who lodge with gaps and respond to requests for more information later.
If you’re an employer weighing up whether the 186 is the right pathway for a current sponsored employee — or you’re ready to lodge and want the nomination checked before it goes in — we’re happy to help.
Get in touch with Integra Migration
📍 North Geelong, VIC
📧 info@integramigration.com.au
📞 0432 552 740
Ashlee Willie is a registered migration agent (MARN 2117653) and the founder of Integra Migration, specialising in employer-sponsored visas including the Subclass 482, 186, and 494.
This article is general information only and does not constitute migration advice. Requirements for the Subclass 186 visa can change — always confirm current criteria before lodging.