A Common Misconception

A common misconception is that long-term employment guarantees permanent residency approval under the Subclass 186 visa. In practice, this is incorrect and is one of the leading reasons behind unexpected Subclass 186 visa refusal outcomes.

Many applicants assume that working for the same employer for several years, particularly on a Subclass 482 visa, automatically satisfies the requirements for permanent residency. However, the Employer Nomination Scheme operates under strict legislative criteria. Employment duration alone does not meet these requirements.

 

Understanding the Temporary Residence Transition (TRT) Pathway

Under the Temporary Residence Transition stream, applicants are generally required to have worked for their sponsoring employer on a Subclass 482 visa for a specified period, typically two to three years, depending on the applicable policy settings at the time of application.

In addition to meeting the duration requirement, applicants must:

  • Continue to work for the same sponsoring employer
  • Be nominated in an occupation that aligns with their role
  • Meet all visa and nomination criteria at the time of decision

Meeting the TRT employment requirement is necessary, but it is not sufficient on its own to prevent a permanent visa refusal.

 

Employment Does Not Guarantee Approval

The Subclass 186 process involves three separate assessments:

  • The sponsoring employer
  • The nomination application
  • The visa applicant

Under the Migration Regulations 1994 and Department of Home Affairs policy guidance, all three components must independently satisfy the relevant criteria.

This means that even where an applicant has been employed for several years, a Subclass 186 visa refusal can still occur if there are issues with the nomination or employer compliance.

 

Key Reasons for Subclass 186 Visa Refusal

1. Employer Nomination Refusal

A significant number of refusals arise from employer nomination refusal.

Under the legislative framework and Department policy, the decision maker must be satisfied that:

  • The position is genuine and ongoing
  • The role aligns with the nominated occupation
  • The business has a genuine need for the position
  • The salary reflects the market rate

This is commonly referred to as the genuine position requirement.

In practice, concerns arise where:

  • The duties performed do not align with ANZSCO expectations
  • The business size or structure does not support the nominated role
  • There is insufficient evidence of ongoing operations or need for the position

If the nomination is refused, the associated visa application cannot be approved.

 

2. Salary Compliance Issues

Salary compliance is a critical factor in avoiding a Subclass 186 visa refusal.

The Department assesses whether the nominee is paid in accordance with:

  • The Annual Market Salary Rate (AMSR)
  • Relevant income thresholds under migration policy

Issues typically arise where:

  • The salary is below market rate
  • Payments are inconsistent or unsupported by records
  • Salary components do not meet acceptable standards

Even in long-term employment scenarios, failure to meet salary requirements can result in refusal.

 

3. Skills and Duties Mismatch

Another common ground for refusal is a mismatch between the applicant’s actual duties and the nominated occupation.

The Department will assess whether the applicant has:

  • Performed duties consistent with the occupation
  • Gained relevant experience at the required skill level

Refusals often occur where:

  • The job title does not reflect actual duties
  • The role performed is lower skilled than the nominated occupation
  • The evidence does not demonstrate alignment with ANZSCO

 

Practical Insight

In practice, many refusals arise in otherwise genuine cases where the documentation does not clearly demonstrate compliance, rather than deliberate non-compliance.

 

Prevention Strategies

Align Duties With ANZSCO

Ensure that the duties performed match the nominated occupation and are consistently reflected across all documents.

Ensure Salary Compliance

Maintain clear and verifiable payroll records, and ensure the salary meets market standards.

Strengthen the Nomination

Provide evidence that clearly demonstrates the genuine need for the role and the business capacity to support it.

Maintain Consistent Documentation

All records, including contracts, payslips, and tax documents, must align and support the claims made in the application.

 

In practice, most Subclass 186 visa refusal outcomes are not due to lack of employment, but due to failure to meet technical legislative requirements under the Migration Regulations 1994 and Department policy.

Applicants and employers who understand this distinction early, and who ensure that the genuine position requirement, salary compliance, and occupation alignment are properly addressed, are in a significantly stronger position to avoid employer nomination refusal and achieve a successful outcome.