Just as we had thought that we were heading towards the end of the year and starting to buy presents, think about buying the Christmas tree and going to Mecca to buy a cream that would make us look like Jennifer Lopez or a young Brad Pitt, the Immigration Department decides to destroy our visit to Mecca with a significant change to the 186 programme.
Sponsors must hold an approved sponsorship or labour agreement.
As of 29 November, there will be 2 significant changes to how 186 (Employer Nomination Scheme) TRT (Temporary Residence Transition Stream) visas are assessed, and it is:
- Work experience that is counted toward the TRT requirement must be with an ‘approved sponsor’
- Where employment is completed with a sponsor who ceases to be hold a valid sponsorship, this work experience WILL NO LONGER be eligible for inclusion in the work experience requirement for the 186 TRT pathway.
December 2024 saw a significant change in the work restriction on the 482 visas and when a visa holder ceased employment with the sponsor, they were allowed to work for 6 months for any company as long as their visa remained valid.
The changes coming in on 29 November have been amended to read that those visa holders who took advantage of the ability to work for 6 months with any employer will no longer have this 6 months counted towards the TRT requirement unless the employer held a valid sponsorship.
Under the current requirement an applicant for TRT must:
- have held an eligible 482 for at least 2 years in the 3 years before applying for the 186 and:
- have worked in Australia in the nominated occupation on a full-time basis for at least 2 years, (there are some exceptions)
What does this mean for employers?.
If your business sponsors visa holders under the 186 visa scheme, you need to ensure that you monitor the duration of any sponsorship or labour agreement and ensure that they remain valid for the entire 482/494 process.
