The Employer Nomination Scheme (Subclass 186) visa is a popular pathway for skilled workers seeking permanent residency in Australia. However, one of the most common concerns applicants face as of the 7th of December is what happens if their occupation is no longer on the Consolidated Skilled Occupation List (CSOL) at the time of their application.
So, can you still apply for a Subclass 186 visa if your occupation has been removed from the list? Let’s break it down step by step.
Understanding the CSOL and Its Role in 186 Visa Applications
The CSOL (Consolidated Skilled Occupation List) replaced the previous Medium and Long-term Strategic Skills List (MLTSSL) and Short-term Skilled Occupation List (STSOL) and plays a critical role in determining which occupations are eligible for various visas, including the Subclass 186.
For the Subclass 186 Employer Nomination Scheme visa, there are three streams to consider:
- Direct Entry Stream
- Temporary Residence Transition (TRT) Stream
- Labour Agreement Stream
Your eligibility to apply depends on the stream and how changes to the occupation list might affect your pathway.
Direct Entry Stream
If you are applying under the Direct Entry Stream, your occupation must be on the CSOL at the time of nomination and application. If your occupation has been removed from the list, this stream will no longer be available to you.
What Can You Do Instead?
If your occupation has been removed from the list, you might:
- Explore alternative visas or streams, such as the Temporary Residence Transition Stream if you hold a Skills in Demand Visa (formerly the 482 visa).
- Check if a Labour Agreement is in place for your occupation and organisation.
Temporary Residence Transition (TRT) Stream
The TRT Stream provides a lifeline for those who have already been working in Australia under a Subclass 482 Skills in Demand Visa (formerly Temporary Skill Shortage visa) for at least two years with the same employer.
The good news?
- The occupation lists do not apply to applicants in the TRT Stream.
- As long as you meet the criteria for the TRT Stream, you can apply for the Subclass 186 visa even if your occupation has been removed from the CSOL.
This is why the TRT Stream is often the most viable option for applicants in this situation.
Labour Agreement Stream
The Labour Agreement Stream allows employers to sponsor workers through specific, negotiated agreements with the Australian Government.
If your occupation has been removed from the CSOL, you may still qualify for the Subclass 186 visa if:
- Your employer has a Labour Agreement in place that includes your occupation.
Labour Agreements are generally used for niche occupations, regional employers, or industries experiencing critical shortages.
Key Takeaways
If your occupation has been removed from the CSOL, your ability to apply for the Subclass 186 visa depends on your pathway:
- Direct Entry Stream: Unfortunately, you will not be eligible if your occupation is removed.
- Temporary Residence Transition Stream: You can still apply as the occupation list does not apply to this stream.
- Labour Agreement Stream: You may still be eligible if your employer has an approved Labour Agreement including your occupation.
At Rocket & Ash Immigration Law, we have helped countless skilled workers navigate changes to visa requirements and occupation lists. Our team is here to help you find the best solution to achieve your Australian residency goals.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, businesses, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Subclass 186 Permanent Residency Visa application or have any other immigration-related queries, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Ines Jusufspahic, LPN: 5511366
This article does not constitute legal/financial advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional