Losing Your Job While Waiting for Visa 186
The waiting time for a subclass 186 can stretch over many months — and during that period, life does not stand still. Losing your job is one of the hardest situations that can arise while your application is being processed. Understanding the legal consequences correctly helps you make faster, better decisions.
Why Losing Your Job Affects the 186 Application
The subclass 186 is tied to a specific employer through the nomination. The nomination demonstrates that the company genuinely needs a person in that position. When you lose your job, this employment relationship is broken — and the nomination may no longer be valid.
Specifically, when you resign or your contract is terminated:
- The employer may (and in many cases must) withdraw the nomination with the Department
- The Department will refuse the 186 application if the nomination is withdrawn or no longer valid
Scenario 1 — You Resign
If you actively resign while waiting for the 186:
- The nomination is usually withdrawn (the employer no longer has a reason to continue it)
- The 186 application will be refused
- The BVA (bridging visa) will cease a short time after the application is refused
In this case, you need to act quickly to avoid becoming unlawful.
Scenario 2 — The Company Lets You Go
If your contract is terminated through no fault of your own (redundancy, the company closing):
- The employer may withdraw the nomination
- The Department has no automatic mechanism to protect you in this situation
- You still have to find a way to deal with the application as soon as possible
Scenario 3 — The Company Becomes Insolvent
This is the most complex situation:
- The employer no longer exists → the nomination cannot be maintained
- The 186 application will be refused
- An alternative visa must be considered immediately
Options After Losing Your Job
Find a New Employer to Nominate Again
The ideal outcome is finding a new employer willing to:
- Be an approved SBS (or apply for a new SBS)
- Lodge a 186 nomination for a similar position
- Have you work in the same occupation to meet the TRT requirement (if applicable)
Note: if you are pursuing the 186 TRT stream, you need to demonstrate two years of experience with the new employer — this does not combine with time at the old employer if the new nomination is an entirely new nomination.
Move to a Subclass 482
If you are on a 482 and waiting for the 186, a new employer can sponsor you to continue on a 482 — and then lodge the 186 again after the two years are complete. This is a longer route but a feasible one.
Partner Visa or Another Visa
If you have a relative who can sponsor you (a partner or spouse who is a citizen or PR), this may be a parallel way out.
Leave Australia
If you cannot find a feasible way out in the short term, leaving Australia in a planned (voluntary) way is much better than staying and becoming an unlawful non-citizen — because unlawful status seriously affects every future visa application.
Time You Have to Act
When you are on a BVA (bridging visa while waiting for the 186) and the application is refused:
- You have a short period (usually 28 days) to leave Australia or lodge a new visa
- This period can vary — read the notice from the Department carefully
If you are on a 482 (not a BVA), you have 180 days from the date you cease employment to find a new employer or apply for another visa.
First Steps to Take
- Contact a migration agent immediately — do not wait, time is the deciding factor
- Identify the visa you currently hold and the time remaining on it
- Find out the status of the nomination (whether it has been withdrawn)
- Assess your options: a new employer, another visa, or planning to leave Australia
Losing your job while waiting for a 186 is a serious situation but not necessarily the end of the road — if you act promptly and in the right direction.