Prompt Law Australia | Contract Review & Commercial Law Firm
- Employer Nomination Scheme
Employer Nomination - Scheme Visa (186) Visa Lawyers Sydney
Applying for permanent residence through the Employer Nomination Scheme is one of the most consequential steps in an employer-sponsored migration journey. Prompt Law’s Sydney migration lawyers advise both employers and applicants across all three streams of the Subclass 186, managing sponsorship obligations, nomination requirements, skills assessments, and every stage of the application through to grant.
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- Visa Streams
Employer Nomination Scheme Subclass 186 Visa Streams
Temporary Residence Transition Stream
The Temporary Residence Transition stream is for Subclass 482 (Skills in Demand / formerly TSS) and Subclass 457 visa holders who have worked for their sponsoring employer in their nominated occupation for at least two of the past three years. This is the most common pathway to permanent residence for workers already employed in Australia. A separate skills assessment is generally not required, though applicants must still satisfy age, health, and character requirements.
Direct Entry Stream
The Direct Entry stream is for skilled workers who have not held a Subclass 482 or 457 work visa, or who do not meet the TRT stream requirements. Applicants must obtain a positive skills assessment from the relevant assessing authority and demonstrate at least three years of relevant work experience. This pathway is commonly used by offshore applicants or workers in Australia on other work visa types seeking permanent residence sponsorship.
Labour Agreement Stream
The Labour Agreement stream is for workers nominated under a formal Labour Agreement between an approved employer and the Department of Home Affairs. This pathway is designed for employers whose workforce needs cannot be met through standard visa programs. Eligibility requirements vary depending on the agreement, but applicants must generally satisfy work experience, age, health, and character requirements before permanent residence is granted.
Employer Sponsorship and Occupation Eligibility
You must be nominated by an approved Standard Business Sponsor in an eligible occupation. The nominated position must reflect a genuine business need and align with the relevant occupation list for your visa stream. Your role must also match the ANZSCO duties for your occupation. PromptLaw reviews employer eligibility, occupation alignment, and nomination compliance before lodgement.
Skills Assessment and Work Experience
Direct Entry applicants must obtain a positive skills assessment from the relevant assessing authority and demonstrate at least three years of relevant full-time work experience. Temporary Residence Transition applicants may not require a separate skills assessment but must have worked for their sponsoring employer in their nominated occupation for at least two of the past three years.
Age, Health and Character Requirements
Applicants must generally be under 45 at the time of application unless an exemption applies. All applicants and included family members must complete health examinations and provide police clearance certificates for countries where they have lived for 12 months or more in the past decade. Character concerns may require detailed legal submissions depending on the circumstances.
- Documentation
Subclass 186 Visa Documents Checklist Australia
Passport and Identity Documents
Provide a valid passport, birth certificate, and any supporting identity documents required for your application. All documents must remain valid throughout the processing period.
Qualifications and Skills Assessment
Provide educational qualifications, academic transcripts, professional registrations, and a positive skills assessment from the relevant authority for Direct Entry applicants.
Health and Character Documents
Complete your health examination through an approved panel physician and provide police clearance certificates for all required countries.
Relationship and Family Documents
Submit marriage certificates, de facto relationship evidence, divorce certificates, and dependent family documentation where applicable.
Employment History Evidence
Include employment reference letters, contracts, payslips, tax records, and superannuation statements confirming your work experience and role history.
Employer Sponsorship Documentation
Submit employer nomination approval, position descriptions, labour market testing evidence where required, and Standard Business Sponsorship approval documents
- Processing Times
Subclass 186 Processing Times Sydney
Processing times for the Subclass 186 ENS visa vary depending on the stream, the completeness of your application, and the Department’s current caseload. Based on recent Department of Home Affairs data (2026), indicative processing times are:
All processing times are indicative only and subject to change based on Department workload, application completeness, and individual circumstances. Current timeframes are published by the Department of Home Affairs and should be verified at the time of lodgement.
While your Subclass 186 application is pending, current Subclass 482 holders may continue working for their nominating employer under their existing visa conditions. PromptLaw monitors every application and responds immediately to any Department request to avoid unnecessary delays.
- Our Process
Our Step-by-Step Subclass 186 Application Proces
Consultation and Stream Assessment
We assess your visa history, occupation, employment record, age, and employer situation to identify the correct stream and strategy. We flag any complications, including age, skills assessment, or labour market testing issues, before you spend a dollar on government or assessment fees. All professional fees are confirmed in writing before engagement.
Skills Assessment
For Direct Entry stream applicants, our lawyers prepare your skills assessment application strategically, building your employment evidence to align precisely with the ANZSCO duties for your occupation. We identify the correct assessing authority and advise on the evidence required for a positive outcome.
Application Lodgement and Monitoring
We lodge your Subclass 186 application through ImmiAccount once the nomination is approved. From that point, all Department correspondence is handled by PromptLaw. You will not face a government letter alone. We monitor your file and respond to any requests for further information promptly and precisely.
Representation and Outcome
If the Department raises concerns, we respond with precision. If your application is refused, we advise you immediately on review rights and Administrative Review Tribunal options.
- Specialised Legal Support
Subclass 186 Problems? Our Sydney Lawyers Resolve Difficult Cases
Age Exemptions and Waivers
The standard age limit for the Subclass 186 is 45 years. However, exemptions apply for certain high-income earners, academics, scientists, and researchers, as well as for applicants nominated under a Labour Agreement. Our lawyers assess whether an exemption applies to your circumstances and prepare the necessary supporting submissions.
Adverse Skills Assessment Outcomes
A negative or deferred skills assessment does not necessarily end your Subclass 186 application. Our lawyers assess the grounds for review, prepare supplementary evidence, and, where appropriate, pursue formal reconsideration or alternative occupation strategies to improve your prospects of approval.
Labour Market Testing Complications
Labour market testing is a mandatory requirement for most Subclass 186 nominations. Where an employer's labour market testing records are incomplete or do not meet the Department's requirements, our lawyers advise on remediation strategies and prepare submissions addressing any identified shortcomings.
Health Waivers
In some cases, applicants may be eligible for a health waiver depending on the visa subclass and their individual circumstances. Our lawyers assess eligibility for a waiver and, where applicable, prepare detailed submissions documenting humanitarian, economic, and community considerations for the Department's discretion.
Character Issues and Criminal Records
A negative or deferred skills assessment does not necessarily end your Subclass 186 application. Our lawyers assess the grounds for review, prepare supplementary evidence, and, where appropriate, pursue formal reconsideration or alternative occupation strategies to improve your prospects of approval under current migration law.
Visa Refusals and ART Appeals
A refused Subclass 186 can be reviewed at the Administrative Review Tribunal. Strict time limits apply, and missing the deadline in your refusal letter removes review rights. PromptLaw acts immediately on refusals to protect your rights and prepare strong submissions. If you have received a refusal letter, contact us immediately.
- Why CMI Legal
Why Sydney Clients Choose Our Team
Prompt response guarantee
Every enquiry receives a same-day response, no exceptions.
Sydney-based legal team
Local knowledge of the Department, the Administrative Review Tribunal, and Sydney's employer and migration landscape, not an offshore call centre.
Fixed and transparent legal fees
Confirmed in writing before you engage. No hourly billing surprises, just clear upfront pricing confirmed before we start work on your file.
MARA-registered lawyers only
Your matter is handled by MARA-registered migration agents and qualified migration lawyers throughout. No unregistered agents, no handoffs to junior staff.
Full-service law firm
If your matter touches property, commercial, employment, or other legal issues alongside migration, we handle it all within the same firm, with no referrals required.
Direct lawyer access
You deal with your lawyer throughout, not a case manager.
- What Our Clients Say
Client Testimonials and Reviews
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- FAQs
Frequently Asked Questions
What is the difference between the Subclass 482 and Subclass 186?
The Subclass 482 (Skills in Demand / formerly TSS) is a temporary employer-sponsored visa, generally granted for two to four years. The Subclass 186 is a permanent residence visa, granting the right to live and work in Australia indefinitely. The TRT stream of the Subclass 186 is specifically designed for 482 visa holders who have worked for their employer for at least two years and wish to transition to permanent residence.
How long do I need to work for my employer before applying for the Subclass 186 TRT stream?
Under the TRT stream, you must have worked for your nominating employer in your nominated occupation for at least two of the past three years immediately before the nomination is lodged. The employment must be full-time and in the same or a closely related occupation to your current 482 nomination.
Do I need a skills assessment for the Subclass 186?
It depends on the stream. Direct Entry stream applicants generally require a positive skills assessment from the relevant assessing authority for their nominated occupation. TRT stream applicants who held a Subclass 482 visa may not require a separate assessment in all cases. Our lawyers confirm the assessment requirements for your specific situation at the initial consultation.
What is labour market testing, and does my employer need to do it?
Labour market testing requires employers to demonstrate that they have genuinely tried to recruit an Australian citizen or permanent resident before nominating an overseas worker. It generally involves advertising the position on relevant job platforms for a specified period. Exemptions apply in limited circumstances, including where an international trade obligation applies. PromptLaw advises employers on their specific labour market testing obligations before the nomination is prepared.
Can I be over 45 and still apply for the Subclass 186?
In most cases, applicants must be under 45 years of age. However, exemptions apply for certain occupations, including high-earning professionals, academics, scientists, and researchers, as well as for nominees under a Labour Agreement. Our lawyers assess whether an exemption applies and prepare the necessary supporting submissions.
What happens if my Subclass 186 is refused?
A refused Subclass 186 can be reviewed at the Administrative Review Tribunal within a strict timeframe set out in the refusal letter. Missing this deadline removes your right of review entirely. PromptLaw advises on refusals as a matter of urgency. If you have received a refusal, contact us immediately.
Can my family be included in my Subclass 186 application?
Yes. A spouse or de facto partner and dependent children can be included as secondary applicants in your Subclass 186 application. Each secondary applicant must also meet health and character requirements. Government fees apply for each secondary applicant included in the application.
How much does a Subclass 186 lawyer cost in Sydney?
Our professional fees vary depending on the stream, the complexity of your circumstances, and whether we are advising the employer, the applicant, or both. All fees are fixed and confirmed in writing before engagement, with no hourly billing. We provide a full fee breakdown during your initial consultation.
Do I need to stay with the same employer after my Subclass 186 is granted?
There is no formal visa condition requiring you to remain with your nominating employer after the grant. However, the position must be genuine at the time of application. Once the Subclass 186 is granted, you are free to work for any employer in any occupation in Australia.
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