Who this may suit
Australian employers and skilled workers considering permanent residence through Direct Entry, Temporary Residence Transition or Labour Agreement. The appropriate stream depends on the role, candidate and employment history.
Key considerations
- An eligible employer nomination and an eligible visa applicant are both required.
- TRT and Direct Entry use different work-history, occupation and assessment rules.
- Age exemptions and Labour Agreement concessions have specific conditions; employer support alone is not enough.
Start by comparing the three streams
Temporary Residence Transition (TRT) is for eligible temporary sponsored workers with the required visa and employment history. Direct Entry can be available without first holding a 482 visa, but normally requires an eligible occupation, a suitable skills assessment and relevant experience. Labour Agreement relies on an employer’s agreement that permits the permanent nomination.
The visa is not restricted to designated regional areas. Location still matters to the genuine role, market salary, any registration requirement and some exemptions. Employer support is essential, but a job offer or earlier sponsorship approval does not establish eligibility by itself.
- TRT: examine the qualifying visa periods and sponsored work record.
- Direct Entry: examine the occupation list, assessment and experience requirements.
- Labour Agreement: examine the actual permanent-pathway terms and available nomination places.
TRT: count the right work and visa periods
The standard TRT rules examine the three years immediately before the visa application. They generally require at least two years of qualifying visa holding and at least two years of eligible full-time sponsored employment in Australia, excluding unpaid leave. Those are related but separate checks. The qualifying history can involve 457, TSS 482, SID 482 and specified bridging-visa circumstances.
Eligible sponsored employment can be accumulated across approved sponsors and qualifying occupations. It is not always necessary to spend the full two years with the employer making the 186 nomination. However, ordinary unsponsored employment does not become eligible simply because the worker held a temporary visa. The nominating employer must meet the current TRT relationship and nomination rules.
Map each period to the visa held, occupation, sponsoring entity, nomination history, hours, location and leave. If an employer changed, check the nomination lodgement and approval dates. There are limited occupation-specific variations, so unusual arrangements need a closer review.
Explore the 482-to-permanent-residence planning guide →
Direct Entry: assess the occupation and candidate from the outset
Direct Entry ordinarily requires an eligible CSOL occupation, a suitable skills assessment before application, and at least three years of full-time employment in the occupation at the required skill level. Specific exemptions may apply.
Check that the assessment covers the nominated occupation and remains valid for the visa application. A qualification assessment or an assessment obtained for another visa purpose may not be suitable. Registration or a licence is a further requirement where the occupation is regulated; it should not be confused with the migration assessment.
- Match actual duties to the occupation and check relevant caveats.
- Confirm which assessing authority applies and the assessment’s validity period.
- Support the claimed experience with evidence of work performed, dates and hours.
Labour Agreement: use the employer’s actual permanent pathway
A Labour Agreement stream application requires an employer whose agreement provides for the relevant subclass 186 nomination. The agreement can set occupations, experience, skills, English, age and other conditions. Permission to sponsor a temporary worker is not, by itself, permission to nominate that worker for permanent residence.
Unless the agreement provides otherwise, the applicant must be under 45 when applying. For an application made in Australia, the relevant visa-holding requirements also need checking. Review the agreement’s validity, permanent nomination ceiling, any transition period and whether the worker satisfies its terms at the required time.
- A DAMA or industry agreement is not a visa a worker can obtain independently of an eligible employer.
- A concession available to one occupation, region or agreement should not be applied to another.
- Request the actual agreement and relevant schedules rather than relying on a general industry summary.
Keep age exemptions and English evidence separate
Direct Entry and TRT normally require the applicant to be under 45 at application. The exemption categories differ by stream. Direct Entry categories include defined university academics, science applicants and qualifying 444/461 workers. TRT also has categories for qualifying regional medical practitioners, high-income 457/482 workers and certain transitional 457 holders. These are defined legal categories, not general exceptions for experienced or well-paid applicants.
Direct Entry and TRT require Competent English. A valid passport and citizenship from a specified country can establish this; otherwise an approved test is generally needed. IELTS requires at least 6 in each component, while other tests use their own current scores. Test date and validity matter. An English-study exemption accepted for a 482 visa does not automatically establish Competent English for 186.
A high-income age exemption uses its own earnings history and qualifying visa/work requirements. It is not satisfied merely by offering a new salary above a visa income threshold. Health, character and immigration-history requirements also need their own review.
The employer must support a genuine, sustainable position
For standard Direct Entry and TRT nominations, the employer generally needs a genuine full-time position for at least two years, the capacity to employ and pay the worker, and compliant employment terms. The terms must not expressly rule out extending employment. Limited occupation-specific exceptions require separate assessment.
Check the annual market salary rules and applicable Core Skills Income Threshold at nomination. The salary paid to an equivalent Australian worker, applicable industrial instruments and reliable market information can be relevant. A historical 482 salary or a generic salary benchmark may not be enough for the permanent nomination.
The business and employee should address changes since the temporary nomination, including duties, location, legal entity, salary and reporting arrangements. Recruitment and business evidence can support the case, but the standard 482 advertising checklist should not simply be treated as an identical statutory requirement for every 186 nomination.
Sequence the nomination, visa and costs
The employer lodges the 186 nomination and the applicant lodges the related visa application. They are separate applications; standard business sponsorship alone does not replace an ENS nomination. Lodgement may be coordinated, but the visa cannot be granted without the necessary nomination approval. Where a nomination has already been approved, check the six-month visa-application window.
The employer must pay the applicable SAF levy and cannot pass it to the worker. For 186 it is generally a one-off amount based on business turnover, rather than the annual calculation used for a 482 nomination. Other nomination and visa charges, family-member charges, assessments, health checks and professional costs should be budgeted separately. Refunds are available only in limited circumstances.
- Check assessment and English-test validity against the planned visa date.
- Resolve any age or temporary-visa deadline before choosing the lodgement sequence.
- Use current Home Affairs charges when preparing the budget; this guide does not quote a fixed total.
Build one consistent record from both sides
The strongest preparation explains the facts and supports them with records. An employer’s evidence about a continuing position and a worker’s evidence about past experience answer different questions. Both matter. Inconsistent names, dates, duties or pay figures should be resolved before lodgement rather than left for the decision-maker to interpret.
- Employer: current legal entity and business activity, financial capacity, organisation structure, detailed duties, employment terms, salary evidence and a clear explanation of the ongoing role.
- TRT applicant: complete visa and nomination history, contracts, payslips, tax records, employment references and leave records for the qualifying periods.
- Direct Entry applicant: suitable skills assessment or exemption evidence, qualifications, relevant employment evidence and required registration.
- All applicants: identity, English evidence, family relationships and dependency where relevant, health and character information, and complete immigration history.
- For an exemption: evidence for every element of the specific category, including the relevant dates, institution, visa type, work location or earnings history.
Plan for changes, family and life after a grant
A pending 186 application does not remove the conditions of a current temporary visa. Changes to the employer, role or nomination while the application is being considered can affect the case. Get advice before assuming that a new employer or a replacement nomination can simply be attached to an existing application.
Eligible family members can be included subject to the applicable family, health and character requirements. Additional charges may apply, including a second instalment for certain adult family members without Functional English. Discuss family circumstances early.
A grant gives permanent residence, while the travel facility is generally five years. Permanent residence and permission to return after that travel facility expires are different matters. Home Affairs expects genuine intention to work in the nominated role and states an expectation of at least two years with the employer.
Direction 122 sets processing priorities for relevant permanent skilled applications. A priority category does not change the 186 eligibility rules or guarantee a decision date. Check current guidance and keep plans flexible.
Practical situations to discuss before applying
For a sponsored worker who has changed employers, we can reconstruct the qualifying work history rather than assume the TRT clock has restarted. For an experienced overseas candidate, we can compare Direct Entry with a temporary route and identify the assessment or registration work needed. For an applicant approaching 45, we review the relevant dates and any properly supported exemption before a permanent pathway is promised.
For a school or another regulated employer, the ongoing role, employment terms and professional registration need to align with the visa plan. Bring the proposed position, location, salary, candidate CV and current visa details to an initial discussion so the practical next steps are clear.
How we can help
We assess the proposed position, location and candidate, compare the available streams, and prepare and lodge the nomination and visa applications. This includes reviewing the employment history and supporting evidence, and identifying any gaps.
Questions to consider
Must I hold a 482 visa before applying for 186?
Not for every stream. Direct Entry may be available without an earlier 482, while TRT depends on the required sponsored work and visa history. A Labour Agreement application follows the agreement and relevant visa rules.
Do I need two years with the same employer for TRT?
Not necessarily. Qualifying sponsored employment can count across employers under the current rules. The work, visa and nomination history still needs careful checking, and the employer making the 186 nomination must satisfy the TRT nomination requirements.
Does unpaid leave count towards the standard TRT work period?
The standard two-year eligible employment calculation excludes unpaid leave. Keep leave records and distinguish time holding a visa from time performing qualifying employment. Some occupation-specific rules require separate assessment.
Do all 186 streams require a skills assessment?
Direct Entry generally requires a positive assessment before application unless a specific exemption applies. TRT does not impose the same standard assessment requirement, but Home Affairs can require skills evidence or an assessment. Labour Agreement requirements follow the applicable agreement and rules.
Can a person aged 45 or older apply?
Only if the relevant stream permits it and the person satisfies an applicable exemption or Labour Agreement provision. High salary, a long employment history or an employer’s support is not a general waiver. The precise exemption and its evidence need checking.
Will English evidence accepted for my 482 automatically work for 186?
No. Direct Entry and TRT require Competent English, which differs from the 482 standard and exemptions. Check the passport evidence or approved test scores, the test date and validity for the permanent application.
Does an approved nomination guarantee the visa?
No. Home Affairs assesses the applicant and family members against the visa criteria. The nomination must also remain suitable; withdrawal or loss of the position can affect the visa application.
Is 186 permanent residence for life or only five years?
The visa allows an indefinite stay in Australia. The initial travel facility is generally five years, so returning to Australia as a permanent resident after it expires may require a Resident Return visa or another appropriate travel entitlement. Citizenship has separate eligibility requirements.
Your next step
Discuss the proposed role, work location, salary, candidate background and current visa position with Ausdirect before choosing a pathway or committing to an employment start date.