The 6-Month Time Limit for a 186 Visa and Why the Position Must Stay Available

Two timing rules catch out many 186 applicants. If the nomination is already approved, the visa application must be made within 6 months. And at the time of decision, the position must still be available. Here is how both work.

The 6-month rule

Under clauses 186.223(5) for TRT and 186.233(6) for Direct Entry, if the nomination has already been approved when you apply, the visa application must be made no more than 6 months after approval. The Department’s instructions treat this as 6 months less one day: a nomination approved on 30 March means lodging by 29 September. A late application cannot meet the criteria.

Lodging together avoids the problem. Many applicants lodge the visa soon after the nomination, before it is approved. The 6-month rule then does not apply, because the nomination was not approved when the visa was lodged.

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Order of lodgement

• the nomination must be lodged before the visa application;
• the visa and nomination must be in the same stream, and the nominee cannot be changed;
• if the nomination is withdrawn or refused, a new nomination cannot be linked to the existing visa application. A new visa application is usually needed. See linking new nominations.

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The position must still be available

At the time of decision, the position must still be available. The Department’s instructions say this is not met if:

• the nomination or the job offer has been withdrawn;
• the nomination is fraudulent or the position does not exist;
• there is unresolved information that the nomination was approved on false information;
• the position is not the one approved;
• for TRT and Direct Entry, the employer has stopped trading.

You must tell the Department about changes, including a job offer falling through, under section 104 of the Migration Act. If you stop working for your employer while the application is pending, see leaving your visa sponsor.

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What you should do now

• Diarise the approval date: if the nomination is approved first, lodge the visa well before 6 months.
• Lodge in the right order: nomination first, then the visa in the same stream.
• Keep the job: stay in the nominated position until the visa is decided, and tell the Department of any change.
• Employers: tell your worker and us immediately if the business is restructuring or closing.