Can you apply for 186 TRT after renewing a 482 visa instead of waiting out the original?
The Temporary Residence Transition (TRT) stream of the Subclass 186 visa requires that you have worked in your nominated occupation for your nominating employer for at least two years (approximately 1,040 hours per year, aggregated) in the three years immediately before the nomination is lodged. The Department of Home Affairs (DOHA) does not require those two years to fall within a single 482 grant period. If you renewed your 482 and accumulated the required work during, or partly during, the renewal period, you are eligible to apply — provided all other conditions (same occupation, same employer, approved sponsorship) are met.
At VJ Consulting and Education, we regularly assist clients who renew their 482 before transitioning to permanent residence. The renewal itself does not reset the clock — work performed under the original 482 counts toward the two-year requirement as long as it falls within the three-year look-back window.
📖 Subclass 186 Employer Nomination Scheme — Full Guide →Does getting a 4-year 482 renewal instead of a 2-year renewal affect a 186 TRT application?
Under the Skills in Demand visa framework and legacy TSS arrangements, some occupations attract a longer grant period. A 4-year renewal is advantageous because it gives you more time on a valid work visa, but from DOHA's perspective, the 186 TRT eligibility test looks backward at your work history, not forward at your visa validity. Whether you hold a 2-year or 4-year renewal, you can lodge a 186 nomination the moment your employer is ready and you have satisfied the two-year work requirement.
Which pathway applies for 186 visa after working 40 months on a 482 visa with a new employer?
This is one of the most common edge cases we handle at VJ Consulting and Education. The TRT stream requires that the nominating employer is the same employer for whom you have completed the qualifying work. "New employer" in this context means the employer must have been an approved 482 sponsor and must have held an approved nomination for your position. If you transferred to a new employer under a new 482 nomination, your work clock resets with that new employer — but 40 months is well beyond the two-year threshold.
| Scenario | Months with New Employer | Eligible for 186 TRT? | Pathway |
|---|---|---|---|
| Same employer throughout | 40 months | Yes | 186 TRT |
| New employer, 40 months with them | 40 months | Yes (if ≥24 months within 3-year window) | 186 TRT |
| New employer, only 18 months with them | 18 months | No (insufficient time with nominating employer) | Consider 186 DE or wait |
The Direct Entry (DE) stream is an alternative if TRT criteria are not met, but DE typically requires a formal skills assessment and does not depend on existing 482 sponsorship history.
Do I need a skills assessment for 186 TRT pathway if I already worked 40 months on a 482 visa?
The TRT stream exempts applicants from the skills assessment requirement that applies to the Direct Entry stream, because the two or more years of employer-verified work in Australia acts as a de facto demonstration of competency. DOHA's rationale is that your Australian employer has already validated your skills through sustained employment in a nominated occupation.
However, there are two caveats worth noting. First, your occupation must appear on the relevant occupation list (currently the Core Skills Occupation List or CSOL under the Skills in Demand framework, or the legacy MLTSSL for pre-2024 TSS visas). Second, your employer must confirm that your role aligns with the ANZSCO description of your nominated occupation. If there is any mismatch, DOHA may request additional evidence.
📖 Full breakdown of 186 TRT vs Direct Entry requirements →Can I switch from 482 visa to 186 TRT with a new employer as a chef?
Chefs (ANZSCO 351311) have historically been among the most sponsored occupations in Australia's hospitality sector, and many clients approach VJ Consulting having changed hospitality employers mid-way through their 482 period. The critical issue is that TRT credit does not transfer between employers. Work done under your previous 482 sponsor does not count toward the two-year requirement with your new sponsor.
Additionally, if the chef occupation is listed on the CSOL and your new employer is an approved Standard Business Sponsor, the pathway is straightforward once the two-year threshold is reached. Check that your employer has maintained their sponsorship obligations throughout your employment, as any lapse can complicate the 186 application.
📖 482 Skills in Demand Visa — Sponsorship Obligations Explained →How many hours of unpaid leave can I take on a 482 visa without affecting my 186 eligibility?
This is one of the most technically nuanced questions in the 482-to-186 TRT pathway. The two-year requirement is expressed in terms of work performed, not simply time elapsed. DOHA's policy guidance refers to approximately 1,040 hours per year as the benchmark for what constitutes "full-time" work in the relevant occupation. Periods of unpaid leave — whether for personal reasons, illness, or family matters — are generally not counted as "work" for this purpose.
| Type of Leave | Counts Toward 2-Year Requirement? | Risk to 186 Eligibility? |
|---|---|---|
| Paid annual leave | Yes | Low |
| Paid sick leave | Yes | Low |
| Unpaid leave (personal) | No | Medium — extends your qualifying period |
| Unpaid parental leave (government-paid scheme) | Partial — seek advice | Medium — DOHA may consider on case-by-case basis |
| Unpaid leave during COVID-19 (legacy cases) | Subject to specific policy concessions | Low if within concession period |
Does taking unpaid leave affect eligibility for a 186 visa while on a 482 visa?
Beyond the hours calculation, unpaid leave raises a secondary concern: the 482 visa condition that requires you to work only for your sponsoring employer. Extended unpaid leave does not constitute a breach of this condition per se — you are not working for another employer — but it can attract DOHA scrutiny, particularly if the leave is very lengthy. Sponsors also have obligations to notify DOHA if a sponsored worker ceases employment, and prolonged unpaid leave in some circumstances can trigger that notification requirement.
The practical advice from our team at VJCE is to minimise unpaid leave where possible in the two to three years before you plan to lodge your 186 nomination, and to maintain detailed payroll records for every pay period showing actual hours worked.
Is it better to apply for 186 TRT stream or wait for another pathway after completing skills assessment on a 482 visa?
Some 482 holders who have completed a skills assessment consider waiting for an invitation through the General Skilled Migration (GSM) points-tested stream (Subclass 189 or 190) rather than proceeding with the employer-sponsored 186. This comparison depends on several factors:
| Factor | 186 TRT | Points-Tested (189/190) |
|---|---|---|
| Skills assessment required | No | Yes (already completed) |
| Employer dependency | Yes — employer must nominate | No — independent of employer |
| Points score required | No | Yes — competitive invitation rounds |
| Processing time certainty | Moderate (12–24 months typical) | Variable — dependent on invitation |
| Occupation list dependency | CSOL / relevant list | MLTSSL / relevant list |
If your employer is willing to nominate you and your occupation is on the CSOL, the 186 TRT is almost always faster and more certain than waiting for GSM invitation rounds, which can take years depending on your points score and occupation demand. See our 186 Visa Processing Times guide and compare that against Subclass 189 invitation timelines.
Is Labour Market Testing required for 186 DE if already sponsored on 482 by the same employer?
This surprises many applicants who assume that existing 482 sponsorship excuses the employer from advertising the position again. LMT is a nomination-level obligation under the Migration Regulations 1994, specifically reg. 5.19. For the 186 DE stream, the employer must demonstrate that they tested the Australian labour market — typically through job advertisements on two or more platforms for at least 28 days — within the four months preceding the nomination lodgement date.
Exemptions that may apply include:
- International trade obligations (e.g., where the worker is a national of a country covered by a Free Trade Agreement that exempts LMT)
- Specific DOHA ministerial exemptions in effect at the time of lodgement
- Where the position is exempt under current policy instruments
By contrast, if you are using the TRT stream, LMT requirements are waived entirely — another significant advantage of TRT over DE for workers already on a 482 with a willing employer.
📖 Employer Sponsored Visas Compared: 482 vs 186 vs 494 vs 407 →How do I transition from a 482 TSS visa to a 186 permanent residency visa?
The step-by-step process is as follows:
| Step | Who Acts | Key Requirement |
|---|---|---|
| 1. Confirm eligibility | Worker + migration agent | 2 years work with nominating employer, occupation on CSOL, age under 45 at time of nomination |
| 2. Employer lodges nomination | Employer (approved Standard Business Sponsor) | Nomination fee paid, market salary rate confirmed, LMT waived (TRT) or completed (DE) |
| 3. Worker lodges visa application | Worker | Health and character requirements met, application fee paid |
| 4. DOHA processes application | DOHA | Typically 12–24 months; bridging visa A keeps worker lawful during processing |
| 5. Grant of 186 visa | DOHA | Permanent residence granted; no further work restrictions |
Key documents typically required include: payslips for the qualifying period, tax records, employment contracts, position description aligned to ANZSCO, employer's current sponsorship approval, and health and police clearances. If there are complexities — such as periods of unpaid leave, a change of employer, or a mismatch between the job title and the ANZSCO description — these should be addressed with a statement of support and supporting evidence before lodgement.
For workers in specialised fields, the transition pathway intersects with occupation-specific considerations. Engineers, nurses, and IT professionals, for example, each have their own professional registration and ANZSCO alignment nuances. See our profession-specific guides for detail: Engineer Migration to Australia, Nurse Migration to Australia, and IT Migration to Australia.
Finally, always check your 482 visa expiry date. The nomination must be lodged while you are still a lawful 482 holder (or you hold a Bridging Visa A from a previous substantive visa application). Letting your 482 expire before the 186 nomination is lodged can result in you losing access to a Bridging Visa A and losing lawful status — a preventable but serious error. Our team at VJ Consulting and Education tracks these dates for all active clients to ensure timely lodgement.
📖 Subclass 186 ENS Visa — Complete Application Guide →
