186 visa application, family evidence and decisions
Employer Nomination Scheme · Visa application and decisions
What needs to be ready when you apply?
The employer lodges the nomination first. Match its reference, stream, occupation, employer and applicant to the visa application. The nomination must be approved and the job must still be available for the visa to be granted.
Work backwards from the application date
If the nomination has already been approved, check the six-month visa application limit from approval. An application can generally be lodged after the nomination has been submitted and before its decision. Check the cost and consequences if the nomination fails. Record the dates on which age, English, skills assessment or qualifying employment must be met under your stream.
Check the worker and each family member
Gather identity and relationship documents, evidence of work history, English and any compulsory professional registration. For a regulated occupation, check the licensing body for the state where the worker will practise. For accompanying family, check health, character and any second visa charge for an adult who cannot demonstrate functional English. Tell Home Affairs promptly if a child is born or the family circumstances change.
Check the current visa and any regional restrictions
For an applicant in Australia, check their visa, conditions, any application restriction and bridging arrangements. A person who holds, or whose last substantive visa was, a subclass 491 or 494 should check clause 186.212A. The usual three-year holding rule can affect when the 186 can be granted. Confirm the application and grant requirements separately.
If the employer withdraws the position or a decision arrives
Check the linked nomination and position immediately. A fresh nomination lodged after the visa application cannot simply replace the nomination on which that application relied. Read nomination and visa decisions separately, including who can apply for review and any deadline. For a refund, identify the charge, payer and specific ground before applying.
A business closes a clinic while the visa is pending
The original position disappears and another group company offers work at a different site. Obtain both employers’ details and the new offer. Check whether the original nominated position remains available, who controls the new role and what the worker’s current visa allows before making a withdrawal or accepting a start date.
Frequently asked questions
Our baby was born before our visa decision but we told Home Affairs afterwards. What should we do?
Contact the processing office promptly through the official channel for your application. Give the parents’ application references, birth date and place, birth certificate and any passport details. Ask the Department to confirm the child’s status before travelling. Under regulation 2.08, a child born while a parent’s 186 application is pending is taken to have applied at birth, with the applications combined. The child still needs to meet the applicable grant criteria. If the parents already have their decisions, ask Home Affairs to identify and assess the child’s application. A birth after decision follows different rules.
Can I sign a form electronically?
Check the instructions on that specific form, including any witness or identity requirements. Home Affairs accepts an electronic signature on forms that provide for it. Keep the signed version you submitted.
My partner applied with me. Do they need the same English score?
The principal applicant’s stream requirement and an adult family member’s functional English or second instalment are separate checks. Use evidence appropriate to each person.
I already hold a 494. Is subclass 191 relevant?
Yes. Compare the eligible regional visa holding, tax records and conditions for subclass 191 with the employer nomination and personal criteria for subclass 186. Check both timelines before choosing.
Does an eligible application guarantee a particular processing time?
Use Home Affairs’ current processing guidance for timing. Historical grants and lodgements cover different groups and cannot establish how quickly an individual case will be decided.
The employer and worker give different accounts of the job. Can one migration agent advise both?
Clarify who the agent represents, what each person has disclosed and whether their interests conflict. For example, an employer may face questions about payroll while the worker needs advice on unpaid wages or their visa conditions. Ask about confidentiality before sharing accounts. Depending on the conflict, separate representation may be needed. Each person should retain their own records and give an accurate account. Code of Conduct for registered migration agents.
Sources and related guides
Reviewed 7 November 2026.
