The subclass 186 Employer Nomination Scheme (ENS) Temporary Residence Transition (TRT) stream is a permanent visa for subclass 457, 482, and eligible bridging visa holders who are nominated by their current employer to work in Australia. The ENS 186 visa provides indefinite residency in Australia, along with unrestricted work and study rights and the ability to enrol in Medicare. Understanding the employment requirements for this visa is essential for businesses aiming to support their international employees’ permanent residency applications.
An applicant for a 186 ENS TRT visa must meet specific employment criteria. If they fail to meet the sponsored employment requirement, their application will be refused, with limited exceptions. This is particularly important for businesses whose employees are currently on a 482 visa that is nearing the end of its 2-year validity and who have taken unpaid leave. In such cases, the employee would not meet the 186 ENS TRT employment requirement, and their 482 visa would expire, making it necessary to apply for a new 482 visa.
What is the Employment Requirement?
An applicant for a 186 ENS TRT visa must have had their most recent subclass 457 or 482 visa sponsored by the same employer that is nominating them for the 186 ENS TRT visa.
An applicant must have at least 2 years of eligible sponsored employment in the last 3 years prior to the application date for the 186 ENS TRT visa.
Eligible sponsored employment means:
- Full-time;
- Have taken place in Australia;
- Have taken place while on a 457, 482 or eligible bridging visa; and
- In the occupation the applicant was granted their 457 or 482 visa.
Any period of unpaid leave will not be included in the calculation of the 2-year period of eligible sponsored employment.
Why is the Employment Requirement Important?
If a 186 ENS visa applicant does not meet the sponsored employment requirement then, with limited exceptions, their application will be refused.
In practice, this is important if the 186 ENS TRT visa applicant is currently on a 482 visa that only has 2 years of validity and has taken unpaid leave. In this case, not only will the applicant not meet the 186 ENS TRT sponsored employment requirement, the applicant’s 482 visa will expire without the ability of an extension. Consequently, the applicant would need to apply for a new 482 visa.
Evidence Required of Eligible Sponsored Employment
Since December 2024, applicants can now include all full-time sponsored employment to count toward 2 years, and not just the period of time employed by their nominating employer.
Applicants should provide the following information to the Department as evidence for their 2 years of eligible sponsored employment:
- Pay As you Go (‘PAYG’) summaries
- Employment contract
- Details of both paid and unpaid leave
- Payslips
Key Takeaways
- An applicant for the 186 ENS TRT visa must have at least 2 years of eligible, full-time, sponsored employment in the last 3 years prior to the application date.
- Employment must have been in Australia, while on a 457, 482, or eligible bridging visa, and in the same occupation the applicant was granted their 457 or 482 visa for.
- Any period of unpaid leave will not count toward the 2-year employment requirement.
- Employers must provide documentation such as PAYG summaries, employment contracts, and leave records as evidence of the employment period.
Conclusion
The work experience requirements for the 186 ENS TRT visa can be nuanced and complex, so it’s essential for businesses to ensure that they meet all eligibility criteria for their employees. It’s recommended to seek legal advice to navigate these requirements and ensure that the employee’s application for the 186 ENS TRT visa is successful. By doing so, businesses can help their employees achieve permanent residency while remaining compliant with Australian immigration laws.