New Changes to the Subclass 186 Employer Nomination Scheme (ENS) Visa: What You Need to Know for 2025

The Subclass 186 Employer Nomination Scheme (ENS) visa continues to be one of Australia’s most important permanent residency pathways. It enables sponsored workers to transition from temporary employment to permanent residence through their employer—offering long-term stability for employees and workforce certainty for Australian businesses. For many temporary sponsored workers, the Temporary Residence Transition (TRT) stream is the final step after years of lawful employment.

This pathway is governed by strict rules that emphasise genuine employment relationships and continuous approved sponsorship. How work experience is assessed is a key factor in determining eligibility for permanent residence—making clarity around these requirements essential for both visa holders and employers.

From 29 November 2025, significant reforms will take effect under the Migration Amendment (Skilled Visa Reform Technical Measures) Regulations 2025. These reforms remove the ability for applicants to rely on any work completed without approved sponsorship.

Understanding the Current Requirements

Under current law, the TRT stream requires at least two years of full-time work in the nominated occupation within the three years before lodging the application, relating to one of the following visas:

• Subclass 457 Temporary Work Skilled visa

• Subclass 482 Temporary Skill Shortage visa

• Subclass 482 Skills in Demand visa

• Bridging visas linked to the above

At present, primary Skills in Demand visa holders may:

• Work for another employer for up to 180 days at a time

• Work a total of up to 365 days without sponsorship if employment with their original sponsor ends

• Count this lawful work toward the two-year requirement if performed in the same occupation

This has allowed applicants to rely on work not tied to their approved sponsor—even after their formal sponsorship relationship had ended.

What Will Change From 29 November 2025

The Australian Government will tighten the assessment of eligible work experience for the 186 TRT stream.

Only work completed while actively sponsored by the SAME approved employer who nominates the visa holder will count.

In practical terms:

• Work undertaken after changing employers without approved sponsorship will not count

• Any period worked independently or without a sponsor will be excluded

• Time spent working for a business without an active Standard Business Sponsorship will not contribute to the two-year requirement

An approved sponsor must be either:

• A Standard Business Sponsor, or

• An employer operating under a Labour Agreement

If an employer is not an approved sponsor, any work completed for them will be disregarded, even if lawful, genuine, and in the correct occupation.

Additional Technical Changes to the Skills in Demand Visa

The same regulation instrument also introduces:

• Expanded powers to cancel a 482 visa if the sponsor is cancelled, barred, or non-compliant

• Inclusion of Skills in Demand visa holders in definitions of primary/secondary sponsored persons

• New review rights through the Administrative Review Tribunal for certain refusals

• Clarification of obligations relating to travel costs and bridging visa situations

These changes are designed to strengthen immigration compliance and system integrity.

Why This Change Matters

These reforms will impact both employers and sponsored workers significantly.

For Employers

• Potential disruptions to workforce planning

• Higher compliance risk

• Challenges in retaining sponsored staff

• Risk of nominating employees who no longer meet TRT eligibility

For Employees

• Loss of eligibility for the 186 TRT stream

• Delays in achieving permanent residency

• Need to restart qualifying work periods when joining a new approved sponsor

To remain eligible, all qualifying work must be completed under continuous approved sponsorship.

Who Needs to Take Urgent Action

These changes are critical for:

• Primary 482 Skills in Demand visa holders who have had breaks in sponsorship

• Workers who changed employers and worked without sponsorship

• Applicants relying on unsponsored work to meet the two-year requirement

• Employers planning to nominate staff who may not meet the new standards

If your work history includes ANY period without an approved sponsor, your eligibility for the 186 TRT may now be at risk.

How RACC Can Support You

RACC Migration & Education Services can help you assess your eligibility under the new rules by:

• Reviewing your sponsorship and employment history

• Identifying gaps or risks in your qualifying work experience

• Advising employers on compliance obligations

• Providing strategic guidance to help workers maintain or regain eligibility for permanent residency

As the 29 November 2025 changes approach, proactive assessment is essential to avoid refusals, delays, and unexpected migration outcomes.

Need Help Understanding Your 482 → 186 Pathway?

If you’ve changed employers or worked unsponsored at any time, your eligibility may be affected under the new regulations.

📩 Book a consultation with our RACC team:

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