Can a Subclass 186 Visa Be Refused? Common Reasons, ART Review & Reapplication
Yes. A Subclass 186 Employer Nomination Scheme visa can be refused even where the employer supports the applicant and employment is genuine. The nomination and visa application have separate legal criteria, and a problem with either can prevent grant.
For the underlying visa requirements, see our 186 Visa Lawyers – Employer Nomination Scheme page. This article focuses only on refusal risk, review and what to do next.
Nomination refusal and visa refusal are not the same thing
The employer nomination is assessed separately from the worker’s visa application. Home Affairs states that it must have approved the employer nomination before it can grant the 186 visa. A nomination refusal can therefore have direct consequences for the visa application, but the legal decision and review applicant may differ.
Common reasons a Subclass 186 nomination can fail
1. The position does not satisfy the nomination criteria
Home Affairs may question the need for the position, occupation classification, business structure, employment arrangements, salary or another nomination requirement.
2. Salary requirements are not satisfied
For ENS nominations lodged from 1 July 2026 to 30 June 2027, the Core Skills Income Threshold is AUD79,423, in addition to the requirement to satisfy the applicable Australian Market Salary Rate rules.
3. The employment arrangement is not adequately evidenced
Contracts, organisational structure, business operations, role duties and remuneration should align. A generic employment contract will not necessarily resolve a substantive concern about the nominated role.
Common reasons the Subclass 186 visa itself can fail
Skills assessment problems
Direct Entry applicants generally require a positive skills assessment unless an exemption applies. Problems can include an expired or unsuitable assessment, a mismatch between the assessed occupation and nominated role, or failure to meet the assessment requirements at the required time.
Age requirement or exemption problems
Applicants must satisfy the applicable age criterion or a lawful exemption. A refusal can occur where an exemption is assumed but the precise regulatory requirements are not met.
TRT work-history problems
Temporary Residence Transition cases can turn on whether the applicant satisfies the relevant period of sponsored employment and whether particular periods of leave, employer change or visa history count.
See: 186 TRT Two-Year Work Requirement.
Licensing, registration, health or character issues
Professional registration, licensing, health and character requirements can independently determine the outcome.
What if the nomination was approved but the 186 visa was refused?
An approved nomination does not guarantee grant. We have a dedicated article on that narrower situation: 186 Visa Refused After Nomination Approval: ART Review or New Application?.
Can a 186 refusal be reviewed by the ART?
Some ENS visa and nomination refusals are reviewable. The Department’s decision letter should say whether the decision is reviewable and who may apply. Employer nomination and visa review rights should be checked separately.
The ART applies strict statutory time limits. Missing the review deadline can remove the review pathway entirely.
Review or reapply?
A fresh application may be appropriate where the underlying deficiency can be corrected and a valid application can be lodged. Review may be appropriate where the decision is contestable on the evidence or law, or where a new application would create status, nomination, age, work-history or timing difficulties.
For some applicants, the key issue is not whether a new 186 application is theoretically possible but whether the applicant will still satisfy age, employment, visa-status or stream requirements at the new date.
How Emigrate Lawyers approaches 186 refusals
Request a Call Back
Tell us whether the employer nomination, the Subclass 186 visa or both were refused; the decision date; the stream; and your current visa status. Our team can contact you about review and reapplication options.
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Madhab Kharel
Madhab Kharel is Principal Lawyer and Director of Emigrate Lawyers. His employer-sponsored migration practice includes Subclass 186 nominations and visas, TRT and Direct Entry strategy, nomination refusals and Administrative Review Tribunal matters.
Legal review: Reviewed by Madhab Kharel, Principal Lawyer, Emigrate Lawyers on 28 September 2026. This article provides general information only and does not constitute legal advice. Visa criteria, review rights, fees, policy and procedures can change. Always check the Department decision record and current law.
Official sources: Home Affairs — Employer Nomination Scheme; salary requirements; ART migration review information.
