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You are here: Home1 / Australia Visa News2 / Actively and Lawfully Operating a Business: 186 Nomination Requirement...
  • Actively and lawfully operating

    Actively and lawfully operating business 186 nomination

Actively and Lawfully Operating a Business: 186 Nomination Requirements

6 November 2026

For TRT and Direct Entry nominations, the employer must be actively and lawfully operating a business in Australia. All nominators must also have a satisfactory record of complying with workplace laws. Here is how the Department assesses both.

Key points

  • Lawful operation means the right registrations for the business structure, including any business name.
  • Trading under an unregistered business name, or one registered to another entity, fails the test.
  • Active operation means actually trading. An ABN on its own is not enough.
  • New and small businesses need extensive, recent evidence.
  • An overseas business sponsor cannot nominate under the 186 TRT stream.

Lawful operation: the registrations

Entity What officers check
Sole trader ABN, and business name registration if one is used
Partnership ABN, any trust deed for a partner trading through a trust, and business name
Company ABN (a trustee company may not have its own), ACN or ARBN, and business name
Incorporated association ABN and certificate of incorporation
Trust The trustee nominates. A trust itself cannot nominate because it is not a legal person

Business names trip up many nominations. A business name must be registered to the nominating entity. Trading under an unregistered name, or one owned by another entity, means the lawful operation requirement is not met and the nomination cannot be approved. Read more about business structures in ENS nominations.


Active operation: the evidence

A shelf company fails the test. The business must have its registrations in place, the infrastructure set up and be providing goods or services. Large established businesses need little evidence, but businesses trading for less than 12 months, and small businesses new to the Department, need extensive and recent documents, such as:

  • profit and loss statements, balance sheets, tax returns and BAS;
  • bank statements showing business transactions;
  • leases, premises photos, contracts with customers and advertising;
  • payroll records and payments to staff or contractors.

The TRT shortcut

For TRT nominations, this requirement is generally met if the employer holds an active standard business sponsorship and its ABN is still registered. Officers only look further if there are concerns. An overseas business sponsor cannot use the TRT stream because it is not operating a business in Australia. It would need an Australian entity to become a sponsor and nominate the worker first.


Compliance with workplace laws

Every nominator must have a satisfactory record of complying with Commonwealth, state and territory workplace laws. This is treated as met unless the Department has contrary information, for example from the Fair Work Ombudsman or its own sponsor monitoring findings, such as underpayment of sponsored workers. As a general guide, problems 3 or more years ago may be accepted if the employer has fixed its practices since.


What you should do now

  • Check registrations: confirm the ABN, ACN and every business name you trade under are registered to the nominating entity.
  • Trusts: make sure the trustee is the nominator, and lodge a new nomination if the trustee changes.
  • Gather recent financials: new or small businesses should provide recent BAS, bank statements and contracts.
  • Past compliance issues: be ready to show what has changed since any workplace law problem.

Frequently asked questions

Can a trust nominate for a 186?

No. A trust is not a legal person, so the trustee is the nominator. If the trustee changes, a new nomination is needed.

Our business name is registered to a related company. Is that a problem?

Yes. The business name must be registered to the nominating entity. Trading under a name owned by another entity fails the lawful operation test.

We started trading six months ago. Can we nominate?

Possibly, but businesses trading for less than 12 months need extensive, recent evidence that they are actively operating.

Can an overseas company nominate for a 186 TRT?

No. It must have an Australian entity that becomes a sponsor, nominates the worker for a 482 and then nominates under the TRT stream.

Related guides

  • Business structure in ENS visas
  • Genuine need in a 186 nomination
  • Standard business sponsorship
  • Company restructures and the 186 TRT
  • 186 visa

Need your business checked before a 186 nomination? Book a consultation with one of our registered migration agents.

This article is general information only and is not legal advice for your situation.

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