The Subclass 186 Employer Nomination Scheme’s Temporary Residence Transition (TRT) stream usually requires two full‑years of full‑time employment in Australia with your nominating employer. But what happens if you’re only a few days short because you arrived after your 482 visa was granted?
Why the Two‑Year Requirement Matters
Under clause 186.227 of the Migration Regulations, you must have worked in your nominated occupation for at least two years in Australia before lodging your TRT application. This period excludes time spent overseas or on unpaid leave.
Policy Guidance vs. Legislation
Some policy documents suggest a decision maker can exercise discretion when you lodge a few days before the two‑year anniversary, in consultation with program managers. Practitioners recall that under the old RSMS 857 scheme, the Department took a pragmatic view when annual leave meant an applicant had slightly less than two years’ time in Australia. However, this flexibility hasn’t been clearly adopted under the current 186 framework.
Practical Tips
- Try to defer annual leave so you maximise your time actually working in Australia.
- Keep detailed evidence of your employment dates, leave accruals and entry dates into Australia.
- If you’re well short of the 2‑year mark, consider lodging a new 482 visa to cover the gap rather than risking refusal.
- Speak to a registered migration agent about your individual circumstances before lodging early.
Disclaimer: This is general information only. Specific advice depends on your situation.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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