482 Visa to Permanent Residency: Understanding the 186 TRT Pathway

The Temporary Residence Transition stream allows eligible temporary sponsored workers to transition to permanent residency with the support of an Australian employer.

If your 186 visa is granted, you can live, work and study in Australia permanently. You may also become eligible to apply for Australian citizenship later if you meet the citizenship requirements.

For current Skills in Demand (SID) visa holders, the Department of Home Affairs describes the TRT stream as being available to visa holders in all occupations, provided the relevant requirements are met.

Generally, you need to have held an eligible visa for at least two years during the three years immediately before your 186 application.

This can include eligible periods on:

• a subclass 457 visa
• a subclass 482 Temporary Skill Shortage (TSS) visa
• a subclass 482 Skills in Demand (SID) visa
• certain bridging visas where the relevant requirements are met

You also generally need at least two years of eligible sponsored employment during that three-year period.

The employment must generally have been:

• with an approved sponsor
• in an occupation you were approved to work in
• full-time
• in Australia

Unpaid leave does not count towards the required two years of employment.

This is why simply counting two years from the date your 482 visa was granted may not give you the correct eligibility date.

Changing employers does not automatically erase the time you have already accumulated.

Eligible sponsored employment with different approved sponsors may count towards the two-year requirement, depending on your circumstances.

There are also situations where employment with a new sponsor can count from the date the relevant nomination was lodged, rather than only from the date it was approved.

However, not every period of employment will automatically qualify.

If you have changed employers, your visa history, sponsorships, nomination dates, occupations and employment dates should be considered together.

If you have held multiple eligible 457 or 482 visas during the relevant three years, those periods may be considered together.

The same applies where your circumstances have changed during that time.

This is why your full visa and employment history is more important than simply looking at your current visa grant date.

This is an important distinction because the rules for obtaining a new 482 visa and transitioning from a 482 to a 186 TRT visa are not identical.

The Core Skills Occupation List (CSOL) is relevant to the Core Skills stream of the Skills in Demand visa.

However, the Department of Home Affairs currently describes the 186 TRT pathway as available to SID visa holders in all occupations, subject to meeting the relevant requirements.

So you should not assume that you are ineligible for the 186 TRT pathway simply because of the occupation-list rules that apply to a new 482 Core Skills application.

Most applicants need to be under 45 when they apply for the subclass 186 visa.

However, there are specific age exemptions for some applicants. These can include certain:

• academics
• scientists and researchers
• regional medical practitioners
• high-income 457 or 482 visa holders

These exemptions have specific requirements.

If you are approaching or have already turned 45, it is important to check whether an exemption applies to your circumstances rather than assuming you are either eligible or ineligible.

The evidence required will depend on your circumstances.

The 186 TRT is an employer-sponsored pathway, so an eligible employer must nominate you.

The nomination and the position need to satisfy the requirements that apply at the time.

Your visa application must also generally be lodged within six months after the nomination is approved.

Unlike some other skilled migration pathways, a formal skills assessment is not automatically required for every 186 TRT applicant.

However, you still need to have the skills required for your nominated occupation, and the Department may ask for evidence of those skills.

If your occupation requires registration, licensing or professional membership, you will also need to meet the relevant requirements.

Salary requirements are relevant to employer-sponsored visas and nominations.

The applicable salary thresholds can change over time, so the requirements should be checked when your employer prepares the nomination rather than relying on the threshold that applied when you first received your 482 visa.

Salary can be particularly important for applicants aged 45 or over who may be considering whether a high-income age exemption applies.

This may include your partner and dependent children, subject to the relevant requirements.

Health, character and other visa requirements can also apply to family members.

“I have been on a 482 for two years, so I can apply for PR.”

Your 186 TRT eligibility can depend on several dates and events, including:

• when your visa was granted
• when your sponsored employment started
• whether you changed employers
• whether you changed occupations
• when nominations were lodged or approved
• whether you took unpaid leave
• whether you held another eligible visa
• your age when you apply

Another common mistake is assuming that changing employers automatically resets the two-year period.

It does not necessarily do so.

But the opposite assumption can also cause problems. Not every period of employment automatically counts simply because you were working in Australia while holding a 482 visa.

Start by putting together your visa and employment history.

Useful documents include:

• visa grant notices
• nomination and sponsorship records
• employment contracts
• payslips
• employment commencement dates
• leave records
• records of employer or occupation changes

This is particularly important if you have changed employers or occupations, held multiple visas, spent time on a bridging visa, taken extended unpaid leave or are approaching 45.

Hans Immigration Services can review your visa history, sponsored employment and employer changes to help you understand whether you may qualify for the 186 TRT pathway — and when you may be ready to apply.

Book a consultation with Hans Immigration Services to discuss your 482 to 186 pathway.