One of the most common questions we encounter from 482 visa holders looking to transition to permanent residency is whether they can still apply for the Subclass 186 Temporary Residence Transition (TRT) stream if their employer’s Standard Business Sponsorship (SBS) has expired.
This is a genuine concern — and the answer isn’t always immediately obvious from reading the legislation alone. Let’s break down how the rules actually work.
The 2-Year Employment Requirement Under Regulation 186.227
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To be eligible for the 186 TRT stream, regulation 186.227(1)(a) requires that during the 3 years immediately before the visa application, the applicant was employed by an approved work sponsor in the nominated occupation for a total period of at least 2 years.
The key phrase here is “approved work sponsor.” Many applicants and agents interpret this to mean the employer must hold an active, current SBS approval at the time the 186 application is lodged. But is that actually the case?
Does the Employer Need an Active SBS at the Time of Application?
This is where the legislation can be confusing. However, based on discussions among registered migration agents and Department of Home Affairs policy guidance, the position is as follows:
- The sponsor does not need to hold a current SBS approval at the time the 186 TRT nomination or visa application is made.
- What matters is that the employer was an approved work sponsor during the period in which the applicant completed their 2 years of qualifying employment.
- The 186 visa pathway does not require a new SBS application — only a nomination and visa application.
In other words, even if the employer’s SBS approval has lapsed, the applicant may still be eligible — provided the 2 years of employment occurred while the employer held SBS approval.
A Practical Example
Consider this scenario: Company A’s SBS approval was valid until 31 July 2025. Mr X was sponsored by Company A and granted a 482 visa from 1 December 2023 to 1 December 2026. By 1 December 2025, Mr X has completed 2 years of employment with Company A.
Even though Company A’s SBS expired in August 2025, Mr X completed the required 2 years of employment while the company was an approved sponsor. Based on migration agent discussions and policy interpretation, Mr X would likely still meet the requirements under regulation 186.227.
What About the “Approved Work Sponsor” Wording?
The wording of regulation 186.227 has caused significant confusion within the migration profession. The regulation refers to being employed “by an approved work sponsor,” which some interpret as requiring the sponsor to be approved at the exact time of application.
However, the Department’s policy guidance — including references in MIA professional notices — clarifies that the requirement looks at the historical period of employment, not the sponsor’s status at the time of lodgement. The regulation is assessing whether the applicant was employed by an entity that was an approved sponsor during the qualifying employment period.
Key Takeaways
- The employer does not need to renew their SBS before the 186 TRT application is lodged.
- The 2-year employment requirement under regulation 186.227 looks at whether the employer was an approved sponsor during the period of employment — not at the date of application.
- A 186 TRT application only requires a nomination and visa application, not a fresh SBS approval.
- If most or all of your qualifying employment occurred while your employer held an active SBS, you may still be eligible even if the SBS has since expired.
This is a nuanced area of migration law, and individual circumstances can vary. If your employer’s sponsorship has expired and you’re considering a 186 TRT application, it’s important to get professional advice to assess your specific situation.
Related Articles You May Find Useful
- The Portability Period: Changing Employers on a 482 Visa While Applying for 186 DE
- Over 45? Here Are Your Options for the Subclass 186 Employer Sponsored Visa
- Partner Visa Second Stage (801): What If Your Form 888 Witness Is No Longer Available?
- Which Skills Assessing Authorities Apply to 482 Visa Applications?
- 482 Visa Qualification Requirements: What If Your Qualifications Don’t Match ANZSCO?
Disclaimer: This blog post provides general information only and is current at the time of publishing. It is not intended as legal or migration advice specific to your situation. For personalised advice, please book a consultation with one of our registered migration agents.
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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