For 482 visa holders, the journey to permanent residency represents not just a change in visa status, but a milestone in building their future in Australia.

From 482 to Permanent Residency: Complete Guide to the 186 Visa Transition Stream

Transitioning from temporary to permanent residency represents a significant milestone in your Australian immigration journey. For 482 visa holders considering their pathway to permanent settlement in Australia, the 186 Employer Nomination Scheme (ENS) visa's Transition Stream offers a strategic and direct route to achieving this goal. This comprehensive guide explores the complete process of transitioning from a Temporary Skill Shortage (TSS) 482 visa to permanent residency through the 186 visa Transition Stream, with insights into eligibility requirements, application processes, and important considerations as of April 2025.

Recent updates to the employer-sponsored visa framework have introduced several changes affecting 482 visa holders planning their transition to permanent residency. At Visa Green, our Melbourne-based immigration lawyers specialise in creating personalised strategies for skilled workers navigating this critical transition, ensuring your journey to permanent residency proceeds as smoothly as possible.

Understanding the 186 ENS Visa: Overview & Context

The Subclass 186 Employer Nomination Scheme (ENS) visa is a permanent residency pathway designed for skilled workers who wish to live and work in Australia permanently. The visa features three distinct streams:

1. Temporary Residence Transition (TRT) stream – specifically for 482 visa holders (and former 457 visa holders) who have worked with their nominating employer for a specified period
2. Direct Entry stream – for applicants without temporary work visa history in Australia
3. Labour Agreement stream – for those nominated under a labour agreement

For 482 visa holders, the Temporary Residence Transition stream represents the most common and straightforward pathway to permanent residency. According to Department of Home Affairs statistics, approximately 70% of all 186 visas granted in the 2024-2025 program year came through the TRT stream, highlighting its significance as a key permanent residency pathway.

The Australian government's continued focus on retaining skilled workers has maintained relatively stable processing times for the 186 TRT stream compared to other permanent residency pathways. As of April 2025, the transition pathway remains a cornerstone of Australia's skilled migration program, designed to retain experienced workers who have already demonstrated their value to Australian employers and the broader economy.

Key Information: 186 Visa Transition Stream Requirements

Eligibility Criteria for 482 Visa Holders

To qualify for the 186 visa through the Temporary Residence Transition stream as a 482 visa holder, you must meet several key requirements:

Work Experience Requirements

Age Requirements

• You must be under 45 years of age at the time of application
• Age exemptions may apply in certain circumstances:
  • If you earn above the high-income threshold (currently $168,300 AUD as of April 2025)
  • If you work in specific occupations with critical skills shortages
  • If you meet certain academic, research, or specialized skill criteria

English Language Requirements

• Competent English (minimum score of 6 in each component of the IELTS or equivalent)
• Exemptions may apply for passport holders from the UK, USA, Canada, New Zealand, or Ireland
• Higher English requirements may apply for certain occupations (e.g., healthcare professionals)

Health and Character Requirements

• You must meet Australia's health requirements
• You must meet Australia's character requirements
• You and all family members included in the application must provide police clearance certificates

Employer Nomination Requirements

Your employer must meet specific criteria to nominate you for the 186 visa:

1. Business Legitimacy: The nominating business must be actively and lawfully operating in Australia.
2. Nomination Requirements:
   • The position must be a genuine full-time role
   • The position must be available for at least 3 years
   • The terms and conditions of employment must meet Australian standards
   • The salary must meet the Temporary Skilled Migration Income Threshold (TSMIT) and market rates
3. Training Benchmark: Employers must demonstrate a commitment to training Australian workers through either:
   • Expenditure of at least 1% of payroll on training Australian employees
   • Contribution of at least 2% of payroll to an industry training fund
4. Labour Market Testing: Unlike the Direct Entry stream, labour market testing is generally not required for the Temporary Residence Transition stream if you have worked with your employer for at least 3 years.

Application Process

The 186 visa application involves a three-step process:

1. Employer Nomination (Form 1196)
   • Your employer submits a nomination for your position
   • Processing time: 4-6 months (as of April 2025)
2. Visa Application (Form 47ES)
   • You submit your visa application, which can be lodged concurrently with the nomination
   • Include all required documents and evidence
   • Processing time: 7-12 months (as of April 2025)
3. Decision
   • Both the nomination and visa application must be approved
   • You may be asked to provide additional information during processing

Required Documentation

For Employer Nomination:

• Completed Form 1196
• Business registration documents
• Position description
• Employment contract
• Evidence of training benchmark compliance
• Market salary evidence

For Visa Application:

• Completed Form 47ES
• Proof of identity documents
• Skills assessment (if required for your occupation)
• English language test results
• Evidence of work experience
• Health examinations
• Police clearance certificates
• Relationship documents for dependents

Processing Times and Bridging Visa Considerations

As of April 2025, current processing times for the 186 visa Transition Stream are:

• Nomination: 4-6 months for 75% of applications
• Visa application: 7-12 months for 75% of applications

If your 482 visa is approaching expiration while your 186 application is being processed, you will automatically be granted a Bridging Visa A (BVA). This bridging visa:

• Activates when your 482 visa expires
• Allows you to remain in Australia lawfully
• Maintains your work rights
• Remains valid until a decision is made on your 186 visa application

Common Challenges & Solutions

Challenge 1: Meeting the 3-Year Work Requirement

Many 482 visa holders struggle to complete the full 3 years with the same employer due to role changes, company restructures, or business acquisitions.

Solution: If your employer has undergone a change in business structure or ownership, you may still qualify if you can demonstrate continuity of employment. At Visa Green, we help clients navigate these complex scenarios by compiling comprehensive evidence demonstrating employment continuity despite structural changes.

Challenge 2: Age Limitation (45 Years)

The age requirement of being under 45 at the time of application can be challenging for some long-term temporary residents.

Solution: Age exemptions are available in certain circumstances. Our Visa Green team specialises in identifying applicable exemptions and building strong cases for clients approaching or over the age threshold, focusing on high-income positions, critical skills, and other exemption categories.

Challenge 3: Changes in Occupation

Some 482 visa holders may have experienced changes in their role or responsibilities since their initial visa grant.

Solution: We help clients assess whether their current duties still align with their nominated occupation and develop strategies to address any discrepancies, including seeking occupation re-assessments or exploring alternative pathways if needed.

Challenge 4: Nomination Refusals

Employer nominations can be refused if the business fails to meet training benchmarks or cannot demonstrate financial capacity.

Solution: Visa Green conducts thorough pre-assessment of employer eligibility before lodgment, identifying and addressing potential issues proactively. We work directly with employers to ensure all nomination requirements are satisfied before submission.

The Visa Green Advantage

Our specialised approach to employer-sponsored visas ensures optimal outcomes for 482 visa holders seeking permanent residency through the 186 pathway.

• Strategic Planning
• Documentation Excellence
• Complex Case Management

At Visa Green, we specialise in employer-sponsored pathways to permanent residency, with particular expertise in the 186 visa Transition Stream for 482 visa holders. Our comprehensive approach includes:

• Strategic Planning: Timing your application for optimal outcomes, considering visa expiry dates, age limitations, and policy changes
• Dual-Perspective Approach: Supporting both employers and visa applicants throughout the nomination and application process
• Documentation Excellence: Preparing meticulous evidentiary packages that satisfy Department of Home Affairs requirements
• Complex Case Management: Specialising in challenging scenarios including business restructures, role changes, and exemption cases

Our Principal Lawyer, Suekjin PARK, has successfully guided hundreds of 482 visa holders through their transition to permanent residency, developing innovative strategies for even the most complex cases. With Visa Green, you benefit from personalised advice tailored to your specific circumstances, ensuring the highest chance of a successful outcome.

Additional Resources & Tips

Timeline Expectations

Understanding the typical timeline for a 186 visa Transition Stream application can help you plan effectively:

1. Preparation Phase: 2-4 weeks
   • Gathering documentation
   • Completing skills assessments (if required)
   • English language testing (if required)
2. Lodgment Phase: Concurrent lodgment of nomination and visa application
3. Processing Phase: 7-12 months (average)
   • Health and character clearances
   • Potential requests for additional information
4. Decision and Visa Grant

Recent Success Stories

• A senior IT professional in Melbourne successfully transitioned to permanent residency despite a complex company restructure during his 482 visa period. Visa Green's detailed documentation of employment continuity was crucial to this outcome.
• A healthcare worker approaching the age threshold received approval through carefully documented exemption evidence related to her critical skills in regional healthcare.
• A family of four on 482 visas transitioned to permanent residency through the 186 pathway with support for secondary applicants who had developed medical conditions during their time in Australia.

Tips for a Successful Application

1. Start Early: Begin preparation 6-9 months before reaching your three-year work anniversary
2. Maintain Clear Employment Records: Keep detailed records of:
   • Pay slips
   • Tax returns
   • Position descriptions
   • Performance reviews
3. Address Potential Issues Proactively: Identify and resolve any concerns related to:
   • Employment gaps
   • Role changes
   • Employer compliance with training requirements
4. Consider Dependents Carefully: Ensure all family members:
   • Meet health requirements
   • Have current documentation
   • Address any changes in family composition since 482 visa grant
5. Stay Informed About Policy Changes: Immigration policy can change—work with experts who monitor these changes

Frequently Asked Questions

Can I change employers while my 186 visa application is being processed?

Generally, changing employers during the 186 visa application process is not recommended as it can negatively impact your application. The Temporary Residence Transition stream requires you to be employed by your nominating employer at the time of application and decision. If your circumstances require a change, consult with a migration professional immediately to explore options.

What happens if my 482 visa expires while my 186 application is being processed?

If your 482 visa expires while your 186 application is being processed, you will automatically be granted a Bridging Visa A (BVA). This bridging visa activates when your 482 visa expires and allows you to continue working for your nominating employer with the same conditions until a decision is made on your 186 application.

Can my family members be included in my 186 visa application?

Yes, you can include eligible family members in your 186 visa application, including your spouse or de facto partner and dependent children. All included family members must meet health and character requirements. Family members added after the original 482 visa will need to provide additional relationship evidence.

Is there a minimum salary requirement for the 186 visa?

Yes, your nominated position must offer a salary that meets both the Temporary Skilled Migration Income Threshold (TSMIT)—currently $67,500 AUD as of April 2025—and market rates for your occupation in Australia. Your employer must demonstrate that your salary package is equivalent to what would be paid to an Australian performing the same role.

What if I'm over 45 years of age?

While the standard age requirement is to be under 45 at the time of application, exemptions exist for certain scenarios:

• If your salary exceeds the high-income threshold (currently $168,300 AUD)
• If you work in a specified occupation with critical skills shortages
• If you have exceptional skills or qualifications

Consult with a migration professional to determine if you might qualify for an exemption.

Do I need a new skills assessment for the 186 visa application?

For the Temporary Residence Transition stream, a skills assessment is generally not required if you have worked in your nominated occupation for at least three years on a 482 visa. However, certain occupations (particularly in healthcare, engineering, and trades) may still require a current skills assessment regardless of work experience.

Can I include a de facto partner who was not on my original 482 visa?

Yes, you can include a de facto partner who was not on your original 482 visa, but you will need to provide substantial evidence of your genuine and continuing relationship. This typically includes proof that you have been in the relationship for at least 12 months prior to application, along with evidence of shared financial commitments, household arrangements, and social recognition of your relationship.

Transitioning from a 482 visa to permanent residency through the 186 Employer Nomination Scheme represents a significant milestone in your Australian immigration journey. While the pathway offers a direct route to permanent residency for eligible temporary skilled workers, the process involves careful planning, thorough documentation, and strategic timing.

As immigration policies and processing priorities continue to evolve, working with experienced migration professionals can make a substantial difference to your outcome. At Visa Green, we specialise in employer-sponsored pathways and understand the nuances of the 186 visa Transition Stream.

To begin your journey from temporary to permanent residency, contact our Melbourne office to arrange a personalised consultation. Our team will assess your specific circumstances and develop a tailored strategy to maximize your chances of a successful transition to permanent residency in Australia.