If you hold a Subclass 482 (Temporary Skill Shortage) visa and are considering changing employers, you’ve probably heard about the portability period. This rule allows 482 visa holders to work for a new employer for up to the portability period while waiting for a new nomination to be approved. But what happens when your new employer wants to sponsor you for a Subclass 186 Direct Entry (DE) visa instead of a new 482? Can you keep working beyond the applicable portability period?
What Is the Portability Period?
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Under the conditions of the 482 visa, if you stop working for your sponsoring employer, you generally have a specified period (check your current visa conditions for the exact timeframe) to either:
- Find a new employer who will nominate you for a new 482 visa
- Leave Australia
- Apply for a different visa
During this portability period, you can work for the new employer while the nomination process is underway. However, the critical question is: what happens after the portability period if only a 186 DE nomination has been lodged — not a new 482 nomination?
The Compliance Risk After 180 Days
This is where it gets tricky. Migration agents have differing views on this scenario, but the consensus among experienced practitioners is:
- Strictly speaking, after the portability period without an approved 482 nomination from the new employer, you may be in breach of your visa conditions. The 482 visa requires you to work for an approved sponsor in your nominated occupation.
- A pending 186 DE nomination does not automatically extend your right to work for the new employer under 482 visa conditions.
- Some agents take a relaxed view, noting that 186 DE applications are generally not subject to the same compliance scrutiny as 482 transfers. However, this carries risk.
The Safest Approach: Lodge a 482 Nomination as Well
The recommended approach among migration professionals is to lodge a new 482 nomination alongside the 186 DE application. Here’s why:
- It protects the visa holder’s compliance. Once a 482 nomination is lodged (and ideally approved), the visa holder has a lawful basis to continue working for the new employer beyond the applicable portability period.
- It avoids adverse information. A breach of 482 conditions could generate adverse information on the visa holder’s record, potentially affecting not only the pending 186 application but also future visa applications.
- It provides a safety net. If the 186 DE application is delayed or refused, the visa holder still has a valid 482 arrangement in place.
- The new employer needs SBS approval anyway. If the employer is sponsoring through the 186 DE stream, they typically already have (or can obtain) SBS approval, making a concurrent 482 nomination relatively straightforward.
What If the 186 DE Is Granted Within 180 Days?
If the 186 DE application is lodged and granted within the 180-day window, the issue doesn’t arise. The visa holder transitions directly from their 482 to permanent residency without exceeding the 180-day limit.
However, given current processing times, it is unlikely that a 186 DE application would be finalised within the applicable portability period. This is exactly why the concurrent 482 nomination strategy is so important.
Key Takeaways
- The portability period allows 482 visa holders to work for a new employer while a nomination is pending, but it has limits.
- A pending 186 DE nomination alone may not protect you from breaching 482 visa conditions after the portability period.
- The safest strategy is to lodge a new 482 nomination concurrently with the 186 DE application.
- Adverse information from a visa condition breach can affect current and future applications.
- Plan ahead — if you’re changing employers and aiming for permanent residency, get professional advice to ensure compliance at every step.
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.
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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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