Employer Nomination Scheme Visa (Subclass 186): Labour Agreement Stream
The Subclass 186 Labour Agreement stream provides a pathway to permanent residency for skilled workers whose employers hold a labour agreement with the Australian Government. If you’re working (or will work) under a labour agreement, this visa lets you settle in Australia permanently.
Key Facts
Stay
Permanently
Cost
From AUD4,910.00
Work Rights
Full, unrestricted
Family
Include eligible family members
Citizenship
Pathway to Australian citizenship
What is the Labour Agreement Stream?
The Labour Agreement stream is different from Direct Entry. It’s designed for situations where standard visa arrangements don’t meet industry needs—typically in sectors facing persistent skill shortages.
Key points:
- Your employer must have a labour agreement with the Australian Government
- You must meet the age, skills, and English requirements specified in that agreement
- The agreement itself determines many eligibility criteria—not the standard rules
If you’re currently on a subclass 457 or 482 visa under a labour agreement, this stream may be your pathway to permanent residency.
What Can You Do With This Visa?
Once granted, you can:
- Stay in Australia indefinitely
- Work and study without restrictions
- Access Medicare — Australia’s public healthcare
- Sponsor eligible relatives to come to Australia
- Travel to and from Australia for 5 years from grant
- Apply for Australian citizenship when eligible
Newly arrived residents may need to wait before accessing certain government payments and benefits.
Permanent residency changes everything. You stop being a visitor in your children’s lives and become part of their everyday world.
186 Visa Requirements and Eligibility
You must currently work, or plan to work, for your employer under a labour agreement. The agreement between your employer and the Australian Government sets out specific requirements you must meet.
You must have:
- Suitable English language skills as specified in the agreement
- Relevant experience and skills for the position
- Other attributes required by the agreement
Skills Assessment: We might ask you to get a skills assessment—but only if requested. Don't obtain one unless the Department asks.
You must hold any mandatory licence, registration or professional membership required to work in your occupation in your intended state/territory.
Your employer must:
- Be actively and lawfully operating in Australia
- Be party to a labour agreement
- Submit a nomination for you
We can't grant the visa if:
- There's adverse information about your nominator (unless reasonable to disregard)
- The nomination is withdrawn
- The position is no longer available
Unless the labour agreement provides otherwise, you must be under 45 years old when you apply.
If you're in Australia, you must hold a substantive 457 or 482 visa issued under a labour agreement.
You and any family members applying must meet health and character requirements. Non-migrating family members may also need to meet these requirements.
If 18 or older, you must:
- Have read (or had explained to you) the Life in Australia booklet
- Sign the Australian Values Statement
Any debts to the Australian Government must be paid or under formal repayment arrangement.
Previous visa cancellations or refusals will be considered and may affect eligibility.
How to Apply: Step-by-Step
Step 1: Before You Apply
If using immigration assistance, ensure they're MARA-registered, a legal practitioner, or exempt person.
Your employer must submit a nomination application and receive a Transaction Reference Number (TRN). You need this to apply for your visa.
Criminal and civil penalties apply to anyone who asks for, receives, offers, or provides benefits in exchange for visa sponsorship. If something seems wrong, learn about work visa scams.
Step 2: Gather Your Documents
- Passport (photo page, personal details, issue/expiry dates)
- National identity card (if applicable)
- Proof of name change (marriage certificate, divorce certificate, deed poll)
- Australian Federal Police certificate (complete disclosure) if you've spent 12+ months in Australia since turning 16
- Overseas police certificates from every country where you've spent 12+ months in the last 10 years since turning 16
- Military service records or discharge papers (if applicable)
Note: Health documents aren't required upfront—if you've had medical exams, results go directly to the Department.
- Identity documents
- Character documents
- Marriage certificate, OR evidence of 12+ months de facto relationship
- Proof of Functional English (or be prepared to pay second instalment)
- Identity documents (under 5 don't need passport)
- Proof of relationship (birth certificate, etc.)
- Character documents (if applicable)
- Form 1229 consent from any parent not travelling, or statutory declaration, or court orders
- Identity documents
- Form 47a (Details of dependent family member 18+)
- Proof of financial dependency for at least 12 months
- Proof of relationship
- Character documents
- Proof of Functional English (or be prepared to pay second instalment)
- Form 956A (authorised recipient)
- Form 956 (immigration assistance)
- Translate all non-English documents (NAATI-accredited in Australia)
- Scan in colour, clearly legible
- Combine multi-page documents into single files
Step 3: Apply Online
Submit through ImmiAccount.
- Log in or create an ImmiAccount
- Complete the application form accurately
- Attach all required documents
- Pay the visa application charge
- Note your TRN
Step 4: After You Apply
The Department can't provide status updates within standard processing time for 186 visas. Respond to any requests promptly.
From April 2025, you can import your paper application intoIf in Australia, you can travel during processing. Ensure you have a valid visa to return. A Bridging Visa may be granted if your current visa expires before decision. ImmiAccount after receiving your acknowledgement letter. This lets you:
- Upload additional documents
- View Department messages
- Update your contact details
- Check application status
If required after lodgement, check ImmiAccount for instructions.
You may be asked for fingerprints and photos.
If applicable, we'll invoice you after other requirements are met.
You can add family members before a decision is made.
Inform the Department of changes to contact details, passport, relationship status, or family composition.
Step 5: Visa Decision
You can be in or outside Australia when the decision is made.
Written notification with visa grant number, start date, and any conditions.
Written notification with reasons and review rights. Application fee is not refunded.
Visa Costs
- Component
- Amount
- Main applicant
- From AUD4,910.00
- Additional family members
- Additional charges apply
- If family under 18
- AUD1,230.00 per person
- Second instalment (family 18+ without Functional English)
- AUD4,890.00 per person
Your Obligations After Grant
- Obey all Australian laws
- Work for your nominating employer for at least 2 years (expected)
- Begin employment within 6 months of:
- Entry to Australia (if granted offshore), OR
- Visa grant date (if granted onshore)
Travel Facility: Valid for 5 years. After that, you’ll need a Resident Return Visa (RRV) to re-enter as a permanent resident.
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Why Work With The Migration?
Parent visas are deeply personal. This is about your family, your children, your grandchildren, your future. These are not just documents to us—we understand what is at stake.
We have helped parents navigate straightforward applications and complex situations. Parents with health concerns. Families with children in multiple countries. Cases where circumstances changed during the long wait. Applications requiring assurance of support planning.
Agreement Analysis
We assess your eligibility based on your specific labour agreement terms.
Documentation Alignment
We ensure your evidence matches what your agreement requires—not generic rules.
Employer Coordination
We work with your employer to align nomination and visa timelines.
Application Lodgement
We submit complete applications that meet both standard and agreement-specific criteria.
Processing Support
We monitor your application and respond to Department requests promptly.
Settlement Guidance
We provide post-grant advice on Medicare, travel, and citizenship pathways.
Your Questions Answered
What is a labour agreement?
A labour agreement is a formal arrangement between an employer and the Australian Government that allows the employer to sponsor overseas workers when standard visa programs don’t meet their needs. Each agreement specifies eligible occupations, required qualifications, English levels, and other conditions.
How is the Labour Agreement stream different from Direct Entry?
Direct Entry has standard requirements (CSOL, skills assessment, etc.). Labour Agreement requirements are set by the specific agreement between your employer and the government—they may be more flexible in some areas but strict in others.
Do I need a skills assessment for the Labour Agreement stream?
Only if the Department asks. Don’t obtain one unless specifically requested.
Can I change employers after getting the visa?
Once granted, you have unrestricted work rights. However, you’re expected to work for your nominating employer for at least 2 years initially.
What if my employer's labour agreement expires?
If the agreement expires before your visa is granted, it may affect your application. Discuss timing with your employer and consider seeking professional advice.
What is the Labour Agreement Nomination Process?
As a party to a labour agreement, you can nominate workers for permanent residence through the Subclass 186 Labour Agreement stream—but only if your agreement includes this option.
What the Applicant Gets
When you successfully nominate someone and their visa is granted, they can:
- Live, work and study in Australia indefinitely
- Sponsor eligible family members
- Access Medicare
- Travel freely for 5 years from grant
- Apply for Australian citizenship when eligible
Are You Eligible to Nominate?
Your business must:
- Have no adverse information known about it or associated persons (or it's reasonable to disregard)
- Have complied with Australian immigration and workplace relations laws
- Pay the Skilling Australians Fund levy when you submit your nomination
You must:
- Currently have a labour agreement in place with the Australian Government
- Have met any nomination requirements specified in that agreement
- The occupation you're nominating must be listed in your agreement
Important: Permanent residence is only available through the Labour Agreement stream if it's been included as an option in your subclass 457 or 482 negotiated labour agreement.
Your Obligations as a Nominator
If the nomination is approved, you must:
- Employ the worker under the terms agreed in the labour agreement, conditions no less favourable than Australian workers doing the same job
- Pay the worker the Annual Market Salary Rate
- Comply with Australian immigration and workplace relations law
How to Nominate: Step-by-Step
Step 1: Before You Apply
Check Employee Eligibility Ensure your employee meets the Labour Agreement stream requirements—including the specific criteria in your agreement.
If they’re ineligible, your nomination will likely be refused.
Step 2: Gather Your Documents
You need to prove two things: your status and your relationship.
Include the applicant's employment contract with salary information meeting your agreement's requirements.
Refer to your specific labour agreement for detailed requirements.
Step 3: Apply
- Complete nomination application in ImmiAccount
- Attach documents
- Pay the application fee (if not in regional Australia): AUD540.00
- Pay the Skilling Australians Fund levy
- Note the Transaction Reference Number (TRN) — your employee needs this
Step 4: After You Apply
Provide Additional Documents If you didn’t include everything, send them immediately. The Department may request more information.
Report Changes Contact the relevant processing office if anything changes. Include:
- Business name
- ABN or ACN
- Nomination TRN
Withdrawing You can withdraw any time before the employee’s visa decision.
Note: Removing from ImmiAccount doesn’t withdraw the nomination. Fees generally aren’t refunded.
Step 5: Nomination Outcome
Letter with your nomination approval number.
Your parent is advised why and whether review rights exist. Your sponsorship ends with the refusal—you have no ongoing obligations.
Application fees paid by your parent are not refunded on refusal.
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Nomination Costs
- Position Location
- Nomination Fee
- SAF Levy
- Regional Australia
- $0
- Required
- Non-regional Australia
- AUD540.00
- Required
- The Skilling Australians Fund levy is required for all nominations regardless of location.
Why Work With The Migration?
Agreement Review
We analyse your labour agreement to confirm nomination eligibility.
Requirement Mapping
We identify exactly what documentation your agreement specifies.
Preparation
We prepare documents aligned with your agreement's unique conditions.
Employee Coordination
We work with your employee to ensure their visa application aligns.
Nomination Lodgement
We submit complete, agreement-compliant nominations.
Compliance Support
We guide you on ongoing sponsor obligations after approval.
FAQs for Sponsors
Is there a nomination fee for Labour Agreement stream?
If the position is in regional Australia, there’s no nomination fee (only the SAF levy). If not in regional Australia, the fee is AUD540.00 plus the levy.
Does my labour agreement allow permanent residence sponsorship?
Not automatically. Your agreement must specifically include permanent residence as an option. Check your agreement terms or contact us for guidance.
What if my agreement doesn't include PR provisions?
You may be able to negotiate amendments to your agreement. This is a complex process—seek professional advice.
Navigate Your Agreement Requirements With Confidence
Get MARA-registered guidance on labour agreement nominations.
