186 employer nomination under regulation 5.19
Employer Nomination Scheme · Employer nomination
Can the business offer this job for at least two years?
Start with the employer, the person and the job. A nomination identifies all three. Choose the stream before collecting evidence because each stream has different requirements.
Identify the business that controls the work
Record the legal employer, ABN, worksite and supervisor. Compare the contract, payroll, organisation chart and existing sponsorship approval. A franchise brand can cover several independent employers. Where two related companies share staff, explain who directs the worker and why the proposed structure meets the chosen stream. For Direct Entry, examine any arrangement that places the worker at another business’s disposal.
Show the need for the role and capacity to pay
For the ordinary TRT and Direct Entry routes, demonstrate an actively and lawfully operating Australian business, a genuine full-time position and capacity to employ the worker for at least two years after grant. Use trading records, budgets, contracts and staffing levels. Explain any probation or end date and whether the contract expressly excludes extension. Address licensing, relevant adverse information and workplace conditions.
Work out salary and employer charges separately
Compare the role with an equivalent Australian employee or document reliable market evidence. Where the Core Skills Income Threshold applies, it is AUD 79,423 for nominations lodged from 1 July 2026 to 30 June 2027. A higher applicable market rate still matters. Record guaranteed earnings, hours and superannuation separately. Calculate the Skilling Australians Fund levy using the nominating business’s turnover and keep the receipt. Check applicable nomination charges and any agreement-specific provisions.
A mechanic earns more than the proposed nominee
An Adelaide workshop offers $82,000 for a full-time mechanic. Its equally experienced Australian mechanic earns $88,000 for comparable work and hours. Before lodging, reconcile the difference against the market salary rules. Keep the comparison, revised contract and evidence that the business can sustain the offer.
Frequently asked questions
Can we ask the worker to reimburse the SAF levy?
No. The employer must bear the Skilling Australians Fund levy. Keep it out of payroll deductions, repayment agreements and the applicant’s invoice.
Do the five 494 stages also apply to 186?
The 186 process centres on an employer nomination and a worker visa application. The 494 regional salary-advice step belongs to that regional route. For 186, check genuine need and any recruitment or endorsement requirements specific to the selected stream or agreement.
What if the employer sells the business?
Compare the old and new legal entities, approval history and continued availability of the job. A sale of shares can have a different effect from an asset sale to a new employer. Review both the nomination and any pending visa before withdrawing or lodging again.
Can another candidate use our nomination?
The employer identifies the nominee when lodging. If the candidate changes, assess a new nomination and any fees or levy. A refund depends on its prescribed ground.
Our group’s payroll company makes little profit. How can it show it can fund the role?
Start with the company proposing to employ the worker. If it recovers wages from operating businesses, show the service agreements, actual reimbursements, cash flow and payroll history. Explain who sets the roster, directs the work and can end the employment. Group accounts give context, but a profitable sister company’s figures alone leave the nominator’s ability to pay unanswered.
A client is under investigation. What should our business disclose?
Identify who is being investigated, what the regulator alleges and how the two businesses and their directors are connected. Distinguish a media reference from a formal notice, finding or penalty. Keep the dated correspondence and describe any corrective action. Regulations 1.13A and 1.13B address adverse information and association, including some former relationships. Check the actual questions on the nomination against those facts.
Can a relative’s company nominate a worker who will keep doing the same job for us?
First establish where the vacancy exists and which business will employ and direct the worker. If the proposed nominator signs the paperwork while another business sets every shift, supervises the worker and receives all the work, explain how the arrangement could meet the chosen stream’s requirements. For Direct Entry, check the rules about hiring a worker out. For TRT, also check the identity of the most recent approved sponsor. Migration Regulations 1994.
Sources and related guides
Reviewed 7 November 2026.
