The Subclass 186 visa (Employer Nomination Scheme) is a permanent residency visa based on employer nomination, comprising three streams: Temporary Residence Transition, Direct Entry, and Labour Agreement. Applicants must generally be under 45 years of age at the time of application and demonstrate competent English, unless they fall under specific exemption categories defined in legislative instruments.
Dr. Sirous Ahmadi, Registered Migration Agent (MARA 0854826), explains that this visa is defined first by its legal structure: the primary criteria for the 186 are set out in Schedule 2 under separate divisions—186.22 for the Temporary Residence Transition stream, 186.23 for Direct Entry, and 186.24 for Labour Agreement. Therefore, referring to only “two streams” provides an incomplete picture; the Labour Agreement pathway is a distinct and perfectly viable option for certain employers and occupations.
In the Temporary Residence Transition stream, the text of clause 186.221(1) is precise: in the three years immediately preceding the application, the applicant must have been employed for a total of at least two years (excluding periods of unpaid leave) with an “approved work sponsor” in the same occupation for which their 457/482 visa was granted. A key point is that the law specifies an “approved work sponsor,” meaning the entire two-year period does not necessarily have to be served with the same nominating employer. It is also worth noting a terminology update: as of 7 December 2024, the 482 visa is known as the Skills in Demand visa.
The age requirement must not be overlooked: the limitation of “generally under 45 years of age at the time of application” applies to both the Temporary Residence Transition and Direct Entry streams. Exemptions are specified in the legislative instrument LIN 19/216 and based on clauses 186.221(b) and 186.231(b), including provisions for academic and scientific applicants, legacy 457 visa holders, and regional medical practitioners. It is within this framework that the high income threshold becomes significant: for each of those two years, the individual’s annual earnings must be equal to or greater than that threshold.
A point frequently raised concerns the role of the “minimum salary.” The threshold for minimum salary and the market salary rate are criteria for the approval of the employer’s nomination under regulation 5.19, rather than personal criteria for which a Temporary Residence Transition applicant must prove their salary receipt; regarding the applicant’s personal criteria, the income threshold only plays a role in defining age exemption categories. Furthermore, competent English is a term defined in regulation 1.15C, and there are specific exemptions regarding language and passport requirements.
In the Direct Entry stream, in addition to a positive skills assessment and relevant work experience, the occupation must be on the relevant occupation list (Core Skills Occupation List), and the skills assessing authority is determined according to the legislative instrument for Subclass 186. Since these lists and assessing authorities are updated via legislative instruments, verifying the precise status of your occupation at the time of application is an integral part of preparing a well-structured case.
If you wish to determine which 186 stream aligns with your occupation, experience, and age, and which pathway provides the strongest case for your circumstances, a professional, personalised consultation with Dr. Sirous Ahmadi, Registered Migration Agent (MARA 0854826), can provide clarity and peace of mind. Please contact his office to schedule an appointment.
Read the full legal breakdown ←
This answer reflects the law and policy as verified on October 29, 2026. Immigration rules change frequently — confirm the current position before acting.
Dr. Sirous Ahmadi Registered Migration Agent 0854826
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.