Changing Employer While Your 186 Visa Is Being Processed

A 186 visa is tied to one nominated position with one employer. If you leave that job, or the employer withdraws, before the visa is granted, the application is very likely to fail. But changing employer does not always mean starting from zero. This guide explains what happens and the options for a new employer.

What happens if you leave the nominated job

The job offer has to still exist at the decision. The 186 criteria require that the nominated position is still available to you. The criterion is not met if the nomination is withdrawn, the job offer is withdrawn, the position is not the one approved, or the nominating business has stopped trading. If the employer withdraws the nomination, the visa cannot be granted. You must also tell the Department about changes in your circumstances.

If the nominating business has only restructured, for example from a trust to a company, policy allows the officer to treat it as the same business if it is essentially the same operation and you are doing the same job. See can a 186 be linked to a new nomination?.

---

Options with a new employer

Situation	Usual option	Things to watch
New employer, Direct Entry eligible	New DE nomination and a new 186 application	Skills assessment, 3 years’ experience, age and English at the new application date
New employer, you want TRT	New employer first nominates you for an approved 482, then nominates you for TRT	The TRT nominator must be your most recent approved 482 sponsor
Same employer, nomination refused	Employer seeks ART review, or lodges a new nomination with a new visa application	Review deadline in the refusal letter. See 186 nomination refusals
Not ready to change	Stay in the role until the visa is granted	Leaving early is the main risk

---

TRT and changing employer

Since 7 December 2024, the TRT 2 year work requirement can be met with full time sponsored employment in the occupation with any sponsoring employer. So time with your old employer can count. However, the employer who nominates you for TRT must be the sponsor that most recently nominated you in an approved 482 nomination. That usually means your new employer must sponsor you on a 482 first. Time with a previous sponsor that had its approval cancelled or was barred can only count if the new nominator has a clean sponsorship history. See the TRT two year rule and the TRT stream.

---

Your visa status while you change

• Still on a 482: your 482 conditions apply, including working for your sponsor. If you stop working, the 180 day rule gives you time to find a new sponsor. See the 180 day rule.
• On a bridging visa from the 186: it continues while that application is undecided. If you withdraw the application, it generally ends 35 days later.
• A new application: a valid new application in Australia can bring a new bridging visa, but check you can still apply onshore.

See leaving your visa sponsor.

---

Can you change employer after the 186 is granted?

The 186 is a permanent visa and does not have a condition requiring you to stay with the employer. But you are expected to genuinely intend to work in the position for at least 2 years, and information that the nomination or application was not genuine can lead to cancellation. Get advice before leaving soon after grant.

---

What you should do now

• Do not resign first: get advice before telling your employer you are leaving.
• Check your stream: TRT and Direct Entry have different options with a new employer.
• Check your age and English: a new application is assessed at the new date.
• Notify changes: tell the Department when your circumstances change.