Key work experience changes for 186 Temporary Residence Transition visas

The subclass 186 Employer Nomination Scheme visa remains one of the most important permanent residency pathways in Australia’s migration system. It allows sponsored workers to transition from temporary employment to permanent residence through their employer, providing certainty for individuals and long-term workforce planning benefits for Australian businesses. For many, the Temporary Residence Transition stream (TRT) `represents the final step after years of lawful employment under sponsorship.

This pathway is governed by strict eligibility criteria that place strong emphasis on genuine employment relationships and continuous sponsorship. The way the work experience is evaluated plays a critical role in determining whether an applicant meets the standard required for permanent residence, making clarity around these rules essential for both visa holders and employers.

From 29 November 2025, this requirement will tighten further under the Migration Amendment (Skilled Visa Reform Technical Measures) Regulations 2025, made under the Migration Act 1958. These amendments remove the ability for applicants to rely on any period of work undertaken without approved sponsorship.

Understanding the current loophole

The Temporary Residence Transition stream requires at least two years of full-time work in the nominated occupation within the three years immediately before the application is lodged. This work must relate to:

• Subclass 457 Temporary Work Skilled visa
• Subclass 482 Temporary Skill Shortage visa
• Subclass 482 Skills in Demand visa
• Bridging visa linked to one of the above visas

Under current settings, primary Skills in Demand visa holders may:

• Work for another employer for up to 180 days at a time
• Work a total of up to 365 days on the same visa without sponsorship if employment with their sponsor ceases
• Rely on this work to meet the two year requirement if it is in the same occupation

This has allowed applicants to count lawful employment that was not tied to their approved sponsor, even where the formal sponsorship relationship had ended.

What will change from 29 November 2025

The Australian Government will tighten how work experience is assessed for the subclass 186 Temporary Residence Transition stream. Only work completed while actively sponsored by the same employer who nominated the visa holder will be accepted.

In practical terms, this means:

• Work undertaken after changing employers without approved sponsorship will not count
• Any period worked independently or without a sponsor may be excluded
• Time spent working with an employer that does not have an active Standard Business Sponsorship will no longer contribute to the required two years

For this requirement, an approved sponsor must be one of the following:

• Standard business sponsor
• Employer operating under a labour agreement

If an employer does not fall into one of these categories and is not the approved sponsor linked to the visa grant, they will not be recognised as an eligible sponsor. Any work completed for that employer will be disregarded, even where the work was lawful, genuine and in the correct occupation.

Additional technical changes to Skills in Demand visas

The same instrument will also introduce further regulatory changes including:

• Expanded powers to cancel a 482 visa where the sponsor is cancelled, barred or non-compliant
• Recognition of Skills in Demand visa holders in definitions of primary and secondary sponsored persons
• New review rights through the Administrative Review Tribunal for certain refused applications
• Clarification of obligations relating to travel costs and bridging visa situations

These measures strengthen compliance oversight and reinforce system integrity.

Why this change matters for employers and individuals

This reform will significantly affect how permanent residence pathways are planned and managed for sponsored workers. For employers, it removes flexibility that may have previously supported workforce retention strategies. For individuals, it changes what will be accepted as valid work experience, directly impacting eligibility for permanent residence.

For employers, the consequences may include:

• Disruption to workforce planning and retention
• Increased compliance and reputational risk
• Unexpected business continuity challenges
• Risk of nominating employees who no longer meet eligibility standards

For employees and visa holders, the impact may include:

• Loss of eligibility for the subclass 186 Temporary Residence Transition stream
• Delay in achieving permanent residence
• Requirement to restart qualifying work periods under a new approved sponsor
• Increased uncertainty around long term stay in Australia

Under the new rules, both employers and sponsored workers must ensure that all qualifying employment is completed under continuous and approved sponsorship, as unsponsored periods will no longer contribute to meeting eligibility requirements.

Who should take urgent action

This change is critical for:

• Primary 482 Skills in Demand visa holders who have experienced breaks in sponsorship
• Workers who changed employers and worked temporarily without sponsorship
• Applicants relying on unsponsored work to meet the two year requirement
• Employers nominating staff without continuous sponsorship history

If your employment history includes any period where you were not working for an approved sponsor, your eligibility for the subclass 186 Temporary Residence Transition stream may be compromised.

How Absolute Immigration can support you

Absolute Immigration works closely with employers and sponsored employees to identify risks before an application is lodged. Our team reviews sponsorship history, assesses continuity of employment and confirms whether qualifying work experience meets the new legal requirements.

We provide strategic guidance to help businesses protect their workforce planning and support individuals in securing compliant and sustainable permanent residence pathways. As these changes tighten eligibility standards, proactive assessment and early intervention are essential to avoid refusals, delays and costly disruptions.

Get in touch

If you have changed sponsors and have worked unsponsored for any period of time, please get in touch at admin@absoluteimmigration.com.