FAQ | Transition from Skills in Demand (SID) (Subclass 482) Visa to Employer Nomination Scheme (ENS) (Subclass 186) Visa
Transitioning from a Skills in Demand (SID) Subclass 482 visa to an Employer Nomination Scheme (ENS) Subclass 186 visa – Temporary Residence Transition (TRT) stream is a common pathway for skilled workers aiming for permanent residency (PR) in Australia. With the fast-paced changes in immigration law, we address common questions about transitioning from SC482 to SC186, including what to do if the primary applicant finds a new sponsor, PR eligibility, and more.
Frequently Asked Questions to Transition from SID/TSS (SC482) to ENS (SC186) TRT Stream
If the primary applicant changes sponsor or job title, will that affect their eligibility for PR under TRT?
Yes, changes may affect eligibility. The SC186 visa (TRT) requires 2 years of full-time employment in the same nominated occupation while holding the SC482 visa.
Can a new company sponsor the primary SC482 visa applicant for a different job title?
The new job title does not have to match exactly, but it should still be relevant to the nominated occupation to ensure successful nomination transfer.
Can the primary applicant still be nominated under the old occupation list (STSOL/MLTSSL) for SC186 (TRT)?
For SC482 and SC186, the previous STSOL/MLTSSL occupation lists have been replaced with the current Core Skills Occupation List (CSOL). For TSS (SC482) visa holders, their nominated occupation is still eligible for the SC186 visa (TRT) despite the new CSOL.
If the primary applicant wants to change employer on their current TSS Visa (SC482), do they still need to follow the old occupation list (STSOL/MLTSSL)?
No, the SC482 nomination transfer will require following the new CSOL.
Would changing the job title require a new skills assessment or a new nomination process?
If the primary applicant were to switch sponsors, a new nomination would be required. On the other hand, if the new job title is significantly different, a new skills assessment (if required, depending on the job) and a new visa application may be required. Always check the specific occupation's requirements on the CSOL.
If the main applicant finds a new sponsor, can they start working with them immediately, or do they have to wait for the new nomination to be granted?
Applicants can start working for the new sponsor if the new SC482 nomination is lodged within the 180-day grace period.
If the main applicant spent 2 years on a SC482 visa, are they currently eligible for PR through the TRT stream?
Generally, an applicant must work for the same employer in the nominated occupation for at least 2 years on an SC482 visa to qualify under the TRT stream.
If the main applicant applies for PR under a new sponsor, is the 2-year work requirement reset, or can they count their previous work experience with the previous sponsor?
Previous time with the previous sponsor can be counted towards the 2-year work requirement if starting with a new sponsor.
Can the new sponsor nominate the primary applicant directly for PR?
If the primary applicant has switched sponsors on an SC482 visa while remaining in the same nominated occupation, they can apply for an SC186 visa (TRT) after accumulating 2 years of relevant work experience, provided that the employer sponsoring the SC186 visa is the same as their most recent SC482 visa sponsor.
Related:
Can You Still Get PR If You Change Employers? Guide to SC186 Sponsorship
SC482/186 Nomination Refusal: Can My Visa Still Be Approved?
Do I Need a Skills Assessment for My Work Visa? Here's How to Check
How Can Agape Henry Crux Help
At Agape Henry Crux, our immigration lawyers can provide tailored advice and guidance specific to your situation to help you achieve your visa objectives. The team works with 2 of our Accredited Specialists in Immigration Law who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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