If you are a current subclass 482 under Skills in Demand (SID) Visa or Temporary Skill Shortage (TSS), the journey towards permanent residency (PR) in Australia can be both exciting and complex.

One of the most practical pathways is through the Employer Nomination Scheme (ENS) Temporary Residence Transition (TRT) stream, specifically the ENS 186 visa.

This article will provide detailed insights into the requirements, important information for the employer, key information for the visa applicant, and the necessary steps to transition from a Subclass 482 to permanent residency successfully.

Requirements

To be eligible for the Employer Nomination Scheme (ENS) TRT stream under the ENS 186 visa, both the visa holder and their employer must meet certain criteria:

For the Employer:

• Nomination: The employer must nominate the applicant for a position that is likely to be available for at least 2 years.
• Genuine Need: The employer must demonstrate a genuine need for the nominated position within their business.
• Market Salary Rates: The employer must provide evidence that the terms and conditions of employment are at least equivalent to those provided to Australian citizens or permanent residents in a similar role.

For the Visa Holder:

• Work Experience: The applicant must have worked for their nominating occupations for at least 2 years on a subclass 482 Visa in the nominated occupation.
• English Language Proficiency: The applicant must demonstrate competent English language proficiency, typically achieved through approved English language tests.
• Health and Character Requirements: The applicant must meet the health and character requirements specified by the Australian government.

Employer Nomination

Employers play a crucial role in the Employer Nomination Scheme Temporary Residence Transition 186 Visa process. Employers need to understand their responsibilities and the requirements they need to fulfil:

Nomination Process

Employers must lodge a nomination application with the Department of Home Affairs (DOHA). This includes providing detailed information about their business, the nominated position, and the terms and conditions of employment. The nomination must be lodged before the visa applicant can apply for the ENS 186 visa under the TRT stream.

Visa Application

As a Subclass 482 visa holder aspiring to transition to permanent residency, it is important to be well-prepared and informed about the application process:

Gathering Documentation

Visa applicants should gather and prepare all necessary documentation, including proof of work experience, qualifications, English language proficiency, and any other supporting evidence required for the application.

Application Submission

Once the employer’s nomination is approved, the visa holder can submit their application for the ENS 186 visa under the TRT stream. This involves completing the necessary forms and paying the applicable fees. It is advisable to submit a complete and accurate application to avoid processing delays.

Next Steps  after applying for the 186 TRT Visa

After applying, there are several important steps to follow:

Monitoring Application Status

Applicants should regularly monitor the status of their application through the Department of Home Affairs (DOHA) online portal. This allows them to stay informed about any updates or additional information requests.

Responding to Requests

If the Department of Home Affairs (DOHA) requires further information or documentation, it is crucial to respond promptly and accurately. Timely responses can help expedite the processing of the application.

Transitioning from a Temporary Skill Shortage Visa to permanent residency via the Employer Nomination Scheme – Temporary Residence Transition stream under the ENS 186 Visa is a structured process that requires careful planning and adherence to the specified requirements. By understanding the roles and responsibilities of both the employer and the visa applicant and by following the outlined steps, the 482 Visa holders can successfully achieve their goal of becoming permanent residents in Australia.

Our expert and registered migration agents can help you as you take the next steps in your Permanent Residency journey.

Disclaimer: This article is for informational purposes only and does not provide any legal or professional advice. You should seek the advice of a qualified expert before making any decisions based on this article. 

Bill Mitroulas

Head of Migration at Questra Immigration. Managing and overseeing the growth and performance of Questra’s team of migration agents, while maintaining a client-centric and quality-driven approach. A registered migration agent since 2015 and a member of the Migration Institute of Australia, with over 15 years’ experience in international education and 11 years in Australian Migration law.