Employer Nomination Scheme (ENS) (Subclass 186) Visa Updates
On 7 December 2024, changes were made to allow all Temporary Skill Shortage (Subclass 482) visa holders and Skills in Demand (Subclass 482) visa holders to apply for permanent residency after being employed for at least two (2) out of the last three (3) years, on a Subclass 482 visa, even if this was with multiple employers.
Previously, Subclass 482 visa holders had to work with their most recent sponsoring employer for at least two (2) out of the last three (3) years before being eligible to be nominated for an Employer Nomination Scheme (ENS) (Subclass 186) Visa in the Temporary Residence Transition stream, and periods of employment with previous sponsoring employers could not be counted towards the requisite 2 years of work.
Subclass 186 Visa Policy Updates - Temporary Residence Transition (TRT) stream
In February 2025, changes to Departmental policy were made, further clarifying the types of employment which can count towards the requisite 2 years of work on a Subclass 482 visa for the Temporary Residence Transition stream of the Employer Nomination Scheme (ENS) (Subclass 186) Visa.
These policy updates provide Subclass 482 visa holders with additional flexibility with transitioning to permanent residency through their Subclass 482 visa - Subclass 186 visa pathway, potentially allowing more Subclass 482 visa holders to apply for permanent residency at an earlier stage:
Parental Leave
Periods of paid parental leave may be counted towards the requisite 2 years of work on a Subclass 482 visa, even where the nominee was paid at a rate lesser than their full-time salary, as long as:
the nominee had in place a work agreement/contract that specifies they were employed on a fulltime basis prior to taking paid parental leave;
the work agreement/contract allows for paid parental leave to be taken at half-pay or there is evidence that the nominee had negotiated their paid parental leave accommodation with their employer; and
the negotiated arrangement did not cause the employer to be in breach of their sponsorship obligations.
Periods between nomination lodgement and approval - Change of sponsoring employer
To align with the 7 December 2024 changes which allow Subclass 482 visa holders to apply for permanent residency after being employed in their nominated occupation for at least two (2) out of the last three (3) years, on a Subclass 482 visa, even if this was with multiple employers, periods of employment between nomination lodgement and approval (i.e. when changing sponsoring employers on a Subclass 482 visa) may now be counted towards the required period of work.
In contrast, only periods of sponsored employment (i.e. work performed after the approval of the associated nomination application) could previously count towards the required period of work.
Employment affected by breach of sponsorship obligations
To prevent a visa applicant from being disadvantaged by an employer’s failure to comply with sponsorship obligations, periods of employment while a previous employer’s approval as a sponsor was cancelled, or where the employer was subject to any sanctions may be counted towards the required period of work, as long as the new employer (i.e. the employer identified in the associated Subclass 186 nomination) does not have a history of sponsorship cancellations, bars or sanctions.
Change of occupation
Where the visa applicant has changed occupations in the 3 years immediately before applying for a Subclass 186 visa, periods of employment may still be counted where:
the employment was sponsored; and
there is a Subclass 482 visa application that was granted in relation to the change of occupation.
Employment on bridging visa
Where a visa applicant spent time working on a bridging visa while awaiting merits review visa application which was refused (i.e. before the Administrative Review Tribunal or its predecessor, the Administrative Appeals Tribunal), or while awaiting judicial review (i.e. before the Federal Circuit and Family Court of Australia, Federal Court of Australia or High Court of Australia), work experience during this period can be counted as long as:
the last substantive visa was a Subclass 457 or Subclass 482 visa;
the application is for a Subclass 457, Subclass 482, Subclass 186 or Subclass 187 visa;
and the nomination was subsequently approved.
Work completed on a bridging visa may otherwise count towards the required period of work, only if the last substantive visa was a Subclass 457 or Subclass 482 visa and the application is for a Subclass 457, Subclass 482, Subclass 186 or Subclass 187 visa.
Need assistance with your immigration matters?
Our immigration lawyers at Inclusive Migration have extensive experience in advising prospective migrants to Australia about their employer-sponsored, skilled migration and family migration options in Australia. In particular, we have assisted business sponsors and prospective migrants with navigating employer-sponsored visa changes over the past few years, including the replacement of the previous Temporary Work (Subclass 457) visa with the Temporary Skill Shortage (Subclass 482) visa, which has now been replaced by the Skills in Demand (Subclass 482) visa.
Should you wish to discuss your eligibility for migration to Australia through employer-sponsored and/or general skilled migration pathways, please feel free to email info@inclusivemigration.com.au, submit an enquiry using the contact form on our website or send us a WhatsApp message at +61 490 704 775. We are here to support you, and we look forward to assisting you with your immigration matters.
