ZigaForm version 7.6.1

Subclass 186

Primary Criteria

Understanding Subclass 186 visa primary criteria is crucial before applying. From mandatory registration and licensing rules to Public Interest Criteria and sponsorship conduct restrictions, every applicant must meet strict eligibility requirements across all streams.

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All primary applicants must meet both the common criteria and their stream-specific criteria.

Mandatory Registration, Licensing or Professional Membership

Where a State or Territory mandates it, the primary applicant must hold — or be eligible to hold — a relevant registration, licence or professional membership at the time of application (clause 186.211).

Registration is considered mandatory only if every person in that occupation must hold it. If the work can be done without it — even under supervision — it is not mandatory for visa purposes. Where mandatory, the registration must allow the applicant to perform the full range of tasks at the required skill level.

The following situations may not satisfy the requirement:

  • Conditional or provisional registration requiring supervision or additional training before independent work
  • Conditions placed on registration limiting who services can be provided to, or how, as a result of disciplinary action

Standard continuing professional development for fully registered practitioners is acceptable. Applicants with limited or provisional AHPRA registration may still qualify in certain circumstances.

Assessing "holding" registration: The ANZSCO dictionary is the starting point. Where requirements vary by state or task, extensive investigation is not expected. The nominator certifies in the nomination that the nominee holds required registration, and this is generally relied upon.

Assessing "eligible to hold" registration: In some jurisdictions, it is not mandatory to actually hold registration but mandatory to be eligible for it. The applicant must show they have completed all required study or training, or hold a recognised equivalent overseas qualification. For example, a social worker must be eligible for full AASW membership — even though actual registration is not legally required.

Types of registration: The registration, licence or membership must reflect the ability to perform all tasks of the occupation. Limited licences or student memberships may not satisfy the requirement.

Validity of registration: Evidence obtained after the application date can still be accepted if it confirms eligibility at the time of application. Where registration was applied for before lodgement but approved afterwards, the person is considered eligible at the time of application.

When the skills assessing authority is also the registration authority: Evidence of full registration is sufficient evidence of skills — no separate skills assessment is needed. For example, for General Medical Practitioners (ANZSCO 253111), AHPRA registration (in partnership with the Medical Board of Australia) is accepted as evidence of skills. However, where the two authorities are different — for example, for Registered Nurses (ANMAC assesses, AHPRA registers) or Dentists (ADC assesses, AHPRA registers) — both registration evidence and a positive skills assessment must be provided separately.

Cannot be waived: If registration is mandatory, this requirement cannot be waived under any circumstances.

Fahad Shamim - Migration & Education Consultant

Fahad Shamim

Migration & Education Consultant

MARA Registered MARN 2619225
QEAC G12906

As a Migration & Education Consultant, I provide expert guidance on Australian visas and international education, helping clients navigate both with ease.

Phone +61 424 295 050
Email fahad@edvisehub.com

The Position Must Match the Nomination

The position in the visa application must match the employment referred to in the associated nomination (clause 186.212). Officers can generally accept this is satisfied based on the nomination, unless other information suggests otherwise.

No Payment for Visa Sponsorship Conduct

The primary applicant must not have engaged in payment for visa sponsorship conduct in the 3 years before application (clause 186.212A). The visa may still be granted if the conduct is reasonable to disregard, but all such matters must be referred to a Team Leader or Manager.

Public Interest Criteria (PICs) — All Streams

All primary applicants must satisfy PICs 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021, plus PIC 4019 if aged 18 or over at time of application.

Many PICs operate on a "one fails, all fail" basis — if any family unit member (whether or not a visa applicant) fails certain PICs, the primary applicant cannot be granted the visa and no family member can be granted a visa either.

PIC One Fails, All Fail?
4001, 4002, 4003, 4004 Yes — any family unit member (applicant or not)
4005 (DE and LA streams) Yes — any family unit member (applicant or not)
4007 (TRT stream) Yes — any family unit member (applicant or not)
4010, 4019, 4020 Yes — any family unit member who is an applicant
4015–4016 (minor children) Yes — any minor family unit member who is an applicant
4017–4018 Applies to secondary applicants
4021 Standard application

 

Special Return Criteria (SRCs) — All Streams

The primary applicant and all family members who are visa applicants must satisfy SRCs 5001, 5002 and 5010. These operate on a one-fails-all-fail basis for applicants.

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