One of the key eligibility criteria for the 186 Permanent Residence Visa TRT stream visa is that you must have worked for a period of TWO years in the last three years before lodging your nomination for the 186 Visa while being the holder of the 457 or 482 visa.
Those two years of work experience must be with the Australian employer who is nominating you for the 186 Visa. This means that the same employer who nominated you for the SC 482 or SC 457 visa and for whom you have worked for two years must also nominate you for the 186 Visa if you wish to apply under the Temporary Residence Transition stream.
It is important to note that the work experience must have been full-time for a period of 38 hours per week.
This 2-year requirement would be relevant and simple to meet for those who have a 3 -year or 4-year 482 Visa – as they are more likely to accumulate the required 2 years before their 482 Visa runs out.
However, for those who only have a 2-year 482 Visa, meeting the requirement could be problematic.
Technically, based on the relevant regulation, they would be only meeting the requirement after the 2 years’ 482 completed – one day after the visa end date.
It seems that they would have to spend money for a further 482 Visa just for one day to meet the requirement. Is this really the case?
The good news is that the Department is taking a flexible approach to this situation, so 482 Visa holders might not have to get a further 482 to meet the 186 TRT 2-year requirement.
Based on the current policy, the Department allows the 186 Visa application to be lodged just ‘a few days’ before meeting the 2-year requirement. For example, if someone’s 2-year 482 Visa expires on 15 Nov 2024, one might be able to lodge the 186 TRT Nomination and Visa application on 12 Nov 2024.
However, there are A FEW things, you MUST be AWARE before you exercise this flexible approach.
- The Department has clarified that there is no firm definition of ‘a few days’, as the expectation is that nominees should wait until their 2 year date is reached before lodging their application. The flexibility is provided only in limited circumstances, and generally we would not consider any more than 5 days early as being acceptable.
- The provision is policy only, NOT regulation. The regulation is still very clear – must have 2 years to be eligible. So if the 186 Application is later rejected due to a short 2-year period, the case would be doomed as it would stand no chance at ART (ART only looks at the application based on the relevant regulation).
- You should advise the risks to your employer – to get their consent to lodge with this risk. You and your employer must be on the same page. As if refused, they will also lose money for the lodged application.
- To take advantage of this flexibility, one should be paid for all the days from the grant of 482 – this means NO unpaid leave at all, starting immediately (cannot be offshore). For example, if one was offshore when the 482 Visa was approved, and only commenced even one day after the 482 Visa is granted, one will need a new 482 Visa to meet the 186 TRT 2 year requirement.
In conclusion, though there is a flexible approach allowed by the Department, you must be very cautious to take advantage of this arrangement. It is always safe to get another 482 to secure eligibility.
If you have any doubts about your eligibility for your 186 PR application, feel free to contact us.