As of 14 December 2024, a significant update in Australia’s skilled migration program has removed a key restriction for holders of the Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas.
These visa holders are now eligible to apply for the Subclass 186 (Employer Nomination Scheme) visa without the previous three-year waiting period.
This change was implemented through the repeal of clause 186.212B under the Migration Amendment (Labour Agreement Requirements (Subclass 186, 482 and 494 Visas)) Regulations 2024. This change, however, specifically benefits applicants in the Labour Agreement stream.
What Has Changed?
Previously, clause 186.212B of the Migration Regulations required Subclass 494 visa holders to hold their visa for at least three years before they could apply for the Subclass 186 visa.
The recent amendment, implemented through the Migration Amendment (Labour Agreement Requirements (Subclass 186, 482 and 494 Visas)) Regulations 2024, has repealed this common criterion. The three-year waiting period has been moved to the Direct Entry stream itself under a new clause, 186.232A. This means that the three-year waiting period still applies for those seeking the Direct Entry pathway. The repeal of clause 186.212B was specifically designed to provide greater flexibility for applicants in the Labour Agreement stream, allowing for a potentially shorter waiting period if one is specified in the labour agreement.
What Is the Subclass 186 Visa?
The Subclass 186 Employer Nomination Scheme visa allows skilled workers nominated by an approved Australian employer to live and work permanently in Australia.
It is a common pathway for skilled regional workers to transition to permanent residency.
Key Eligibility Requirements for Subclass 186 Visa
While the waiting period restriction has been lifted, applicants must still meet all standard eligibility criteria, including:
Employer Nomination
You must be nominated by an Australian employer for a full-time position that is available for at least two years.
Occupation
The nominated occupation must be on the Medium and Long-term Strategic Skills List (MLTSSL).
Skills and Experience
Applicants must demonstrate:
At least three years of relevant work experience, and
A positive skills assessment (in most cases).
Age Requirement
You must be under 45 years of age at the time of application, unless an age exemption applies.
English Proficiency
Competent English is required, typically equivalent to:
IELTS: 6 in each band, or
PTE Academic: 50 in each component.
Health and Character
All applicants must meet the health and character requirements set by the Department of Home Affairs.
What Does This Mean for 494 Visa Holders?
This provides employers in regional areas with a faster pathway to retain skilled talent permanently, and it offers greater flexibility to visa holders, particularly those sponsored under a labour agreement.
Need Help Applying for Subclass 186?
At Ultimate Migration, we specialise in regional and employer-sponsored visa pathways.
If you’re currently on a 494 visa and have secured a valid employer nomination, we can assist you in navigating your application for the Subclass 186 visa with confidence.
Book a consultation today to explore your eligibility and fast-track your permanent residency.
