Important: the 187 visa has closed
The 187 Regional Sponsored Migration Scheme visa closed to new applicants on 16 November 2019 and was replaced by the 494 regional employer sponsored visa. The AAT was replaced by the Administrative Review Tribunal (ART) on 14 October 2024. The principle below still applies to the 186 visa today.
The question of whether it is possible to link a pending Subclass 186 visa application to a new, approved nomination (the first nomination having been refused) is often asked by our clients.
This is generally not possible, although the former MRT and AAT (now the Administrative Review Tribunal) have made some decisions that have allowed it to happen.
Why can’t they be linked?
Because the visa applicant must declare the position in the nomination is the position to which their visa application relates. If the nomination for that position fails to be approved, the original visa declaration is not valid for a new position.
What to do if your 186 nomination is refused
A 186 visa application depends on an approved nomination for one specific position. Home Affairs policy says the applicant cannot be considered against a different nomination or position, and a second nomination for the same position cannot be linked to an undecided visa application. If the nomination fails, your options are usually:
| Option | When it may suit | Things to watch |
|---|---|---|
| Employer seeks ART review of the nomination refusal | The refusal looks wrong or can be fixed with better evidence | Strict time limit in the refusal letter; the visa application stays on hold while the review runs, but may still be refused |
| Withdraw the visa application and lodge a new one with a new nomination | The same or a new employer can lodge a fresh, stronger nomination | A new visa charge applies, and you must still meet the criteria (age, English, skills) at the new time of application |
| Use a different pathway | The position or employer can no longer support a nomination | Consider the 482 Skills in Demand visa, a 494 visa or a skilled visa |
| Visa refused, then review | The visa application is refused because there is no approved nomination | Tribunal review of the visa refusal usually depends on the nomination outcome |
Steps to take after a nomination refusal
- Read the refusal letter carefully with your employer and note the review deadline.
- Get advice quickly on whether the nomination refusal can be overcome on review or whether a new nomination is better.
- Check your visa status: you usually keep your bridging visa while the visa application is undecided.
- Decide on the strategy: tribunal review, a new nomination with a fresh visa application, or another visa.
- Act before the deadline, because review rights can be lost if you are late.
186 nominations: common questions
Can my 186 visa application be moved to a new nomination?
Generally no. Under current Home Affairs policy, a second nomination for the same position cannot be linked to an undecided 186 visa application, and a nomination from a different employer is a different position. The usual approach is to withdraw and lodge a new visa application with the new nomination.
What happens to my 186 visa application if the nomination is refused?
It cannot be granted without an approved nomination. If the refusal is not overturned on review, the visa application will usually be refused too.
Who can appeal a nomination refusal?
The nominating employer applies to the Administrative Review Tribunal. Read about visa refusal appeals and get advice before the deadline.
Is it different for the 482 visa?
The 482 Skills in Demand visa has its own rules for nominations and changing employers. Ask us to check your situation before you withdraw anything.
Will withdrawing my 186 visa application affect my visa status?
It can. If you hold a bridging visa linked to that application, withdrawing it can end the bridging visa after a set period. Get advice before you withdraw.
Book a meeting for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.
