Understanding the 186 Temporary Residence Transition Stream

In today’s Australian migration landscape, employer-sponsored visas have become one of the most common pathways to permanent residency (PR). Many Subclass 482 Skill in Demand(SID) visa holders are considering their options for transitioning to a Subclass 186 Employer Nomination Scheme (ENS) visa for PR. This commonly know as Temporary Residence Transition Stream (186 TRT) However, there are often questions and uncertainties about meeting the requirements for this transition.

This article addresses some of the most frequently asked questions regarding the 482 to 186 pathway, particularly in light of updates announced on 7 December 2024.

Key Updates to the Work Experience Requirement

As of 7 December 2024, the Department of Home Affairs has updated the work experience criteria for 482 visa holders applying for the 186 visa:

• At least two years of relevant work experience in the nominated occupation is required.

• This experience must be gained while holding a valid employer-sponsored visa within Australia.

But how is this 2 years period calculated? Let’s break down some common scenarios.

1. When Does the Two-Year Period Start?

The required work experience must be accumulated after the grant of your Subclass 482 visa. Any work performed while holding another visa type, such as a Subclass 485 (Temporary Graduate) visa, cannot be counted towards this requirement.

If you have been granted a second Subclass 482 visa, work undertaken during the bridging period between the expiry of your first 482 and the grant of your second 482 can count towards the two years.

2. Does Unpaid Leave or Parental Leave Affect the Calculation?

Unpaid leave (including unpaid parental leave) does not count towards the two years.

Paid parental leave, however, may count if it is recognised as part of your full-time employment under a written agreement with your employer.

3. What if I Changed Employers During My 482 Visa Period?

If you have worked for multiple employers while holding a Subclass 482 visa, all periods of work with approved sponsors can be combined to meet the two-year requirement.

For example, if you transferred your sponsorship from Employer A to Employer B, the time spent working for both can be included, provided both periods were under valid Subclass 482 sponsorships.

4. What if I Changed My Nominated Occupation?

If you were granted a new Subclass 482 visa for a different nominated occupation, your work experience from the previous occupation can still count towards the two years.

For instance, if you were sponsored as a Cook and later promoted and sponsored as a Chef under a new Subclass 482 visa, your work as a Cook can still be included in the two-year calculation.

5. What Happens if My Visa Was Refused and I Was Waiting on ART Appeal?

If your previous Subclass 482 or 457 visa expired, and you were waiting on an Administrative Review Tribunal (ART) or court review while holding a Bridging Visa, the work you performed during that period can count towards the two years—but only if your nomination had already been approved before the visa refusal.

If both your nomination and visa were refused simultaneously, work performed while awaiting appeal cannot be counted.

Don’t Waste Valuable Time!

Understanding these requirements is critical. Many applicants only realise close to the expiry of their visas that some of their work experience does not count—potentially delaying or jeopardising their PR application.

If you're uncertain about your situation or dealing with a complex case, we encourage you to seek advice early. Click Book Now to discuss your circumstances with our registered migration agent and receive a personalised assessment.