The Subclass 186 Employer Nomination Scheme visa provides a pathway to permanent residency for skilled workers who have been sponsored by an employer in Australia. If you are a current Temporary Skill Shortage (TSS) Subclass 482 visa holder, this article will guide you through the recent changes to the Temporary Residence Transition (TRT) stream as of 7 December 2024. These updates will be relevant for both employers and employees navigating this pathway to permanent residence.
Key Changes Effective 7 December 2024
The Department of Home Affairs implemented significant updates for Subclass 186 visas and Regulation 5.19 nominations. These updates aim to streamline the application process, clarify eligibility criteria, and introduce more flexibility for visa holders and employers.
1. Flexibility in Meeting the 2-Year Visa Requirement
One of the notable updates is the continued flexibility regarding the two-year eligibility requirement for holding a Subclass 457 or Subclass 482 visa:
- Holding Multiple Visas: Applicants are not required to have held the same Subclass 457/482 visa continuously. If an earlier visa ceased and was followed by another Subclass 457/482 visa, the combined time can count towards the two-year requirement
- Lodgement Timing: Applications may be lodged a few days before meeting the full two-year requirement, preventing the need for an unnecessary new 482 visa
- Bridging Visa Periods: Time spent on a bridging visa between Subclass 457/482 visa applications that were subsequently approved can also count towards meeting the two-year requirement. However, time spent on a bridging visa associated with the initial 457/482 visa cannot be counted.
2. Expanded Application of the Work Experience Requirement
The work experience requirement has been broadened to offer greater flexibility:
- Employment with Any Sponsor: Applicants can count employment with any employer as long as it was full-time, sponsored employment and related to the visa under which they worked in Australia
- Employment Between Nomination Lodgement and Approval: Work periods during the time a nomination is lodged but not yet approved can now count towards meeting the work experience requirement. This allows applicants to include employment during transitions between sponsors
- Changing Occupations: If an applicant changed occupations during the three years preceding the application, their work experience may still be counted if:
- The employment was sponsored
- A visa was granted for the change in occupation
3. Updates to Eligible Occupations (Regulation 5.19)
The amendments made to Regulation 5.19 on 7 December remove the requirement for the occupation to have the same 4-digit ANZSCO code as the nominee’s most recently held Subclass 457 or 482 visa. This change accommodates updates to ANZSCO codes and groupings, ensuring greater flexibility for employers nominating candidates in evolving fields.
What This Means for Employers and Employees
For Employers:
- These updates provide greater flexibility when nominating skilled workers who may have experienced gaps in their visa status or changed occupations
- Streamlined eligibility criteria make it easier to support employees in their transition to permanent residency
For Employees:
- If you’ve had multiple employers or occupations, you may still qualify for the Subclass 186 visa, provided the employment was sponsored and full-time.
- Time spent on bridging visas between applications or during nomination reviews can now be counted towards work experience requirements
- Changes to occupation groupings mean you are no longer restricted by ANZSCO code updates
Preparing Your Application
With the updated procedural instructions, both employers and visa applicants must ensure they understand and meet the new requirements. While these changes offer added flexibility, it is critical to prepare a comprehensive application to avoid delays or refusals. If you are unsure how these changes affect your eligibility, seeking professional advice can save time and stress.
The pathway to permanent residence through the Subclass 186 visa Temporary Residence Transition stream has never been more accessible for those who meet the criteria.
With these updates, Australia continues to recognise the contributions of skilled workers and the businesses that sponsor them. If you’re considering making the transition to permanent residency, now is the time to explore your options.
