Australia 186 Visa – 2-Year Commitment Explained

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186 visa 2 year commitment

Australia 186 Visa – 2-Year Commitment Explained

The Australia 186 visa 2 years commitment requirement plays a critical role in the Employer Nomination Scheme (Subclass 186). When granted a 186 visa through either the Direct Entry or Temporary Residence Transition stream, visa holders are expected to work for their sponsoring employer for at least two years.

This page explains the commitment requirement clearly and outlines what applicants, sponsors, and visa holders need to know to stay compliant.

What Is the 2-Year Commitment for the 186 Visa?

When you are granted a 186 visa, the Australian Government expects you to remain employed with your sponsoring employer in the nominated position for a minimum of two years. This commitment:

  • Demonstrates good faith in the employer-employee relationship
  • Justifies the employer’s sponsorship and nomination
  • Supports program integrity across Australia’s skilled migration system

Importantly, while the law does not explicitly require you to stay with the employer for two years as a condition of your visa, leaving your sponsor too soon can raise questions about whether the visa was obtained legitimately.

Why the 2-Year Commitment Matters

Although the 186 visa is a permanent visa, the Department of Home Affairs may review your case if:

  • You resign or are terminated shortly after the visa is granted
  • There are allegations that the visa was granted based on false or misleading information
  • You fail to honour the employment terms outlined in the nomination

Therefore, you should only accept a 186 visa offer if you genuinely intend to work for the employer full-time for at least two years.

Are There Penalties for Leaving Early?

Generally, there is no automatic visa cancellation if you leave your employer before the two-year period. However:

  • You may face scrutiny in future visa or citizenship applications
  • Your sponsor could be penalised or banned from nominating again
  • The Department may investigate whether your visa was obtained under false pretences

In exceptional circumstances, such as unfair dismissal, workplace exploitation, or business closure, early departure may be reasonable—but legal advice is highly recommended.

What If Your Employer Is No Longer Able to Employ You?

If your sponsor goes out of business or no longer has a genuine need for your role:

  • Document all communications
  • Collect evidence of your good-faith efforts to remain employed
  • Consider switching to a different visa or seeking legal assistance

In some cases, affected visa holders may still retain their permanent residency status. However, outcomes vary based on the specific situation.

Need Help?

Speak with Jade Immigration Lawyers today – we’re here to help you.

📞 Call us: 0485 907 989
📧 Email: jade@jadeimmigrationlawyers.com.au
📝 Submit an online enquiry or
📅 Book a consultation now to get personalised immigration advice from our experienced team. We assist clients across Australia and internationally.

Related Pages

FAQ

Find answers to common questions about our Work Visa Australia services and processes. If you need further assistance, please contact us. 

No. The commitment is not explicitly written into the Migration Regulations, but it is expected under the visa’s integrity guidelines.

Will my 186 visa be cancelled if I leave early?

Not automatically. However, the Department may assess whether you genuinely intended to stay with your sponsor.

What if I’m unfairly dismissed?

If you’re terminated due to circumstances beyond your control, gather evidence and seek legal advice immediately.