Subclass 482 Employer Change (180-Day Mobility Rule) and Subclass 186 ENS Permanent Residency Transition Guide
Condition 8607 180-day work mobility, multi-sponsor 2-year aggregation vs reg 5.19(5)(h)(i) mandatory 482 nomination sequencing, FY 2026-27 fees, and age 45 / FWHIT AUD 190,100 rules
- I already completed 2 years on a Subclass 482 visa with my previous sponsor. Can my new employer lodge a Subclass 186 TRT nomination straight away?
- How long can I stay in Australia after leaving my Subclass 482 sponsor, and am I permitted to work for other employers during that grace period?
- My 45th birthday is approaching. Is lodging the employer's Subclass 186 nomination before turning 45 enough to lock in age eligibility?
Under amended Condition 8607 settings, Subclass 482 visa holders who cease employment with their sponsor may remain in Australia and work lawfully for other employers for up to 180 consecutive days per gap (up to 365 days total across the visa grant period), transferring to a new sponsor via nomination alone if the ANZSCO occupation is unchanged and sufficient visa validity remains. Although post-7 December 2024 reforms allow full-time paid sponsored work across multiple employers within the preceding 3 years to count toward the 2-year Subclass 186 ENS Temporary Residence Transition (TRT) requirement, reg 5.19(5)(h)(i) mandates that a new employer must first hold an approved Subclass 482 nomination for the worker before lodging a 186 TRT nomination (unless applying via Direct Entry with CSOL listing, a positive skills assessment, and 3 years of experience). As at 2 November 2026, Subclass 186 carries a primary base VAC of AUD 6,140, employer nomination/SAF charges of AUD 540 plus AUD 3,000 or AUD 5,000, a minimum guaranteed salary of CSIT AUD 79,423 (excluding 12% super), and an under-45 age cap at visa lodgement subject only to narrow exemptions such as meeting the Fair Work High Income Threshold (AUD 190,100 from 1 July 2026) for 2 consecutive years.
Park & Co Lawyers · General Legal Consultation Guide Consultation Guide
Subclass 482 visa holders may remain in Australia and work lawfully for up to 180 consecutive days after ceasing sponsored employment, and can aggregate prior and current sponsored service toward Subclass 186 ENS permanent residency. This guide provides general information current as at 2 November 2026, and legal assessments may vary depending on an individual's immigration history and specific facts. We do not guarantee any specific outcome for any matter.
1. The 180-Day Mobility Grace Period (Condition 8607) When Leaving or Changing Sponsors
Following Department of Home Affairs reforms to Condition 8607, Subclass 482 visa holders (covering both former TSS and current SID grants) who cease employment with their sponsoring employer may remain lawfully in Australia without breaching Condition 8607 for up to 180 consecutive days in any single gap, and up to 365 days cumulative across the entire visa validity period. Throughout that 180-day grace period, visa holders may lawfully work for a prospective new sponsor or another employer to support themselves, subject to holding any mandatory occupational licensing or registration:
- Changing employers in the same occupation (nomination only): Provided the 6-digit ANZSCO code of the new role is identical to your existing grant and your Subclass 482 visa has ample remaining validity, you do not need to lodge a new Subclass 482 visa application or pay the primary VAC (AUD 4,015) again. Your new employer simply obtains Standard Business Sponsorship (SBS, AUD 420 if not already held) and an approved new Subclass 482 nomination (nomination fee AUD 330 plus the employer-paid SAF levy of AUD 1,200 or AUD 1,800 per year).
- Changing ANZSCO occupation or nearing visa expiry: Where your new duties fall under a different ANZSCO occupation code, or your existing Subclass 482 visa will expire before permanent residency transition is ready, a new Subclass 482 visa application must be lodged alongside the new nomination.
2. Aggregating 2 Years of Service for 186 ENS TRT vs Mandatory Prior 482 Nomination Sequencing
The Temporary Residence Transition (TRT) stream of Subclass 186 ENS provides a permanent residency pathway once a worker completes at least 2 years (24 months) of full-time paid sponsored employment in Australia while holding a Subclass 457 or 482 visa (or associated Bridging Visa) within the 3 years immediately preceding the Subclass 186 application. Since the 7 December 2024 legislative amendments, changing sponsors no longer forfeits full-time paid employment accrued with previous approved sponsors; those periods aggregate cleanly with service under your new sponsor.
Note, however, that unpaid leave and unsponsored gap-period work (unlike paid annual or personal leave) are excluded from the 24-month calculation. Above all, practitioners and employers must strictly observe regulation 5.19(5)(h)(i) of the Migration Regulations 1994: even if a worker has already completed the full 2 years with a former sponsor, a newly joined company cannot immediately lodge a Subclass 186 TRT nomination. Eligibility to lodge a 186 TRT nomination vests exclusively in the sponsor holding the most recently approved Subclass 482 nomination for that worker. Consequently, the new employer must first lodge and obtain approval of a Subclass 482 nomination before it becomes legally eligible to lodge the Subclass 186 TRT nomination.
3. Comparing TRT and Direct Entry (DE) Streams and FY 2026-27 Statutory Figures
If a new employer wishes to sponsor you directly for permanent residency without first lodging a Subclass 482 nomination, the application must proceed under the Subclass 186 Direct Entry (DE) stream. Unlike TRT, Direct Entry requires the occupation to appear on the Core Skills Occupation List (CSOL), accompanied at visa lodgement by a valid positive skills assessment and at least 3 years of full-time equivalent relevant skilled work experience:
- Government fees and English as at November 2026: The primary applicant base Visa Application Charge (VAC) for Subclass 186 ENS is AUD 6,140, and Competent English (IELTS 6.0 in each component or equivalent recognised score) is mandatory unless exempt. Employer-paid Stage 1 nomination fees sit at AUD 540 plus a one-off SAF levy of AUD 3,000 (annual turnover under AUD 10M) or AUD 5,000 (annual turnover of AUD 10M or more).
- Minimum salary floor and one-to-one nomination lock-in: For nominations lodged between 1 July 2026 and 30 June 2027, guaranteed annual earnings must be at least CSIT AUD 79,423 (excluding 12% statutory superannuation) and at least the Annual Market Salary Rate (AMSR). Because a Subclass 186 visa application is permanently locked to the specific nomination identified at lodgement, if that nomination is refused due to weak financial capacity or adverse information, a replacement nomination cannot be substituted into the pending 186 visa application.
4. The Under-45 Age Cut-Off Date and Statutory High-Income Exemptions
Whereas Subclass 482 SID imposes no age cap, both the TRT and Direct Entry streams of Subclass 186 ENS require the primary applicant to be under 45 years of age on the date the Subclass 186 visa application itself is lodged. Lodging only the employer's nomination prior to turning 45 does not lock in age eligibility; where a 45th birthday is approaching, both nomination and visa applications must be lodged concurrently beforehand.
Applicants aged 45 or older may apply for Subclass 186 ENS only if they satisfy a prescribed statutory exemption. Key exemptions cover Subclass 457/482 holders applying under the TRT stream who have worked in the nominated occupation and earned at least the Fair Work High Income Threshold (FWHIT, set at AUD 190,100 per annum from 1 July 2026, benchmarked against each applicable financial year's threshold) in each of the 2 years immediately preceding lodgement, alongside Australian university academic staff, Commonwealth/State scientific agency researchers, and medical practitioners who have worked in regional Australia for at least 2 years.
5. Information and Documents to Prepare Before Requesting a Consultation
To calculate employment gap days accurately and map the optimal timing for your Subclass 186 ENS (TRT or Direct Entry) transition, please compile the documents below prior to consultation:
- Current Subclass 482 Visa Grant Notice, existing nomination approval notice, and latest VEVO record
- Exact start dates, cessation dates, and any unpaid leave logs across all former and current sponsors
- ATO PAYG/STP Income Statements, payslips, and superannuation contribution records covering all sponsored service
- Passport bio-data page confirming date of birth and valid English test results (IELTS 6.0 each component or equivalent)
- Positive skills assessment outcome and 3+ years of skilled work evidence if assessing Direct Entry in parallel
- Prospective new sponsor's ABN, existing SBS approval status, recent financial statements / BAS returns, and organisational chart
- Draft employment contract with the new sponsor specifying guaranteed base salary and weekly hours
6. Scope of Legal Services at Park & Co Lawyers
Park & Co Lawyers advises and acts across every stage from Subclass 482 change-of-employer nominations through to Subclass 186 ENS (TRT and Direct Entry) permanent residency applications. We focus particularly on matters requiring precision legal structuring, including multi-employer service aggregation audits, genuine-need legal submissions for small businesses, and age-45+ Fair Work High Income Threshold exemption assessments.
Tailored professional fee proposals are provided upon reviewing your current grant notice, the new sponsor's SBS status, cumulative payroll history, and corporate financials. Enquiries may be directed to enquiry@parkcolawyers.com or our Official Inquiry Hub (https://parklawyers.com.au/links/). Park & Co Lawyers does not guarantee visa grant or specific processing timeframes.
Official Reference Resources
Further statutory details can be verified on the official Department of Home Affairs and Fair Work Commission pages below:
- Department of Home Affairs: Employer Nomination Scheme (Subclass 186) TRT Stream
- Department of Home Affairs: Employer Nomination Scheme (Subclass 186) Direct Entry Stream
- Department of Home Affairs: Nomination Salary Requirements (FY 2026-27 CSIT AUD 79,423 & AMSR)
- Fair Work Commission (FWC): High Income Threshold Guide (AUD 190,100 from 1 July 2026)
- Park & Co Lawyers Official Inquiry Hub
Pre-Consultation & Pre-Lodgement Checklist Checklist
- Current Subclass 482 Visa Grant Notice, most recent nomination approval letter, and latest VEVO check
- Exact start dates, cessation dates, and unpaid leave records across every former and current Subclass 482 sponsor
- ATO PAYG/STP Income Statements, payslips, and superannuation records covering all claimed sponsored employment (including FWHIT AUD 190,100 check if 45+)
- Passport bio-data page (verifying exact age-45 cut-off date) and valid Competent English test results (IELTS 6.0+ each band or equivalent)
- Positive skills assessment and 3+ year experience evidence if comparing Direct Entry alongside the TRT stepping-stone sequence
- New sponsor's ABN, existing SBS approval status, recent financial statements / BAS returns, organisational chart, and draft contract
In-Depth Practical Commentary & Case Analysis
"I already completed my full two years on a Subclass 482 visa at my previous company. Can the new company I am joining lodge my Subclass 186 permanent residency straight away?"
Among Subclass 482 holders planning a job move, this is easily the single most common misconception. Here is the legal bottom line upfront: your new employer cannot skip the Subclass 482 nomination stage and jump straight to lodging a Subclass 186 ENS Temporary Residence Transition (TRT) nomination. Allowing previous sponsored work to count toward your two-year total and having legal standing to lodge a TRT nomination are two completely different rules.
First, resigning and changing employers itself has become far less stressful than in the past. Because the Department of Home Affairs eased Condition 8607, leaving your current sponsor lets you remain lawfully in Australia to secure a new sponsor for up to 180 consecutive days per gap, and up to 365 days cumulative across your visa period. Throughout those 180 days, you may work lawfully for other employers or commence straight away with your prospective new sponsor. If your ANZSCO occupation code stays the same and your current Subclass 482 visa still has plenty of time left, you do not even need to pay the AUD 4,015 VAC for a fresh visa; once your new employer secures Standard Business Sponsorship (SBS) and a new Subclass 482 nomination approval, your existing visa carries straight over.
Your Two Years Aggregate, Yet the 482 Stepping Stone Remains Mandatory
At the permanent Subclass 186 ENS stage, the Temporary Residence Transition (TRT) stream genuinely widened after the December 2024 reforms. When counting two years of full-time paid sponsored work within the three years before lodgement, you are no longer chained to a single employer: service completed with your earlier Subclass 482 sponsor carries forward and combines with service under your new sponsor. Paid leave counts, though unpaid leave and unsponsored gap-period work are excluded, making an exact day-by-day audit essential.
Why, then, cannot your new employer lodge a Subclass 186 TRT nomination immediately? Regulation 5.19 of the Migration Regulations 1994 locks standing strictly to the sponsor holding the most recently approved Subclass 482 nomination for that worker. To pursue TRT permanent residency through your new employer, the new business must first lodge and obtain approval of a Subclass 482 nomination, and only after crossing that stepping stone can it lodge the Subclass 186 TRT nomination. Bypassing that step means qualifying separately under the Direct Entry stream, which requires CSOL listing, a valid skills assessment, and at least three years of relevant skilled experience.
Second-Half 2026 Fee Settings and the Age-45 Clock
When budgeting for permanent transition, double-check the updated late-2026 figures. As at November 2026, the primary base VAC for Subclass 186 sits at AUD 6,140, alongside Competent English (IELTS 6.0 in each component). The employer's AUD 540 nomination fee and upfront SAF levy (AUD 3,000 for businesses under AUD 10M turnover; AUD 5,000 at or above AUD 10M) cannot lawfully be passed onto the employee. Minimum guaranteed annual pay for FY 2026-27 has also risen to CSIT AUD 79,423 (excluding superannuation) and at least market salary. Crucially, if the nomination linked to a Subclass 186 application is refused, it is game over for that visa application: you cannot swap a replacement nomination into an existing 186 visa application, so small businesses with two or three staff must substantiate turnover and genuine workforce need rigorously from day one.
Never lose sight of the age clock either. While Subclass 482 has no age cap, Subclass 186 requires you to be under 45 on the date the visa application is lodged. Already 45 or older? Outside narrow academic or regional medical categories, you must verify whether you satisfy the high-income exemption by earning at or above the Fair Work High Income Threshold (set at AUD 190,100 per annum from 1 July 2026) in each of the two years immediately preceding lodgement.
Park & Co Lawyers manages the entire sequence from Subclass 482 change-of-employer nominations through to Subclass 186 ENS (TRT and Direct Entry) permanent residency applications, providing tailored fee proposals once your grant notice, employment records, and new sponsor's SBS status are reviewed. To map your job-change timing and permanent sequence cleanly, contact us via enquiry@parkcolawyers.com or the Park & Co Lawyers Official Inquiry Hub.
This article provides general Australian migration law information as at 2 November 2026 and does not constitute legal advice for any individual matter. Legal assessments may vary depending on legislative changes and personal circumstances.