The 186 TRT Nomination: What the Employer Must Show

The Temporary Residence Transition (TRT) stream is the usual path from a 457 or 482 visa to permanent residence. The worker’s visa criteria get most of the attention, but the employer’s TRT nomination has its own requirements, and since 7 December 2024 some of them have changed.

The visa the worker must hold

When the nomination is made, the worker must hold a 457, a 482 Temporary Skill Shortage or a 482 Skills in Demand visa, or a bridging visa granted because they applied for one of those visas or a 186 or 187 visa, where their last substantive visa was a 457 or 482.

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The same occupation

Regulation 5.19 requires the occupation to be the same as on the worker’s most recent 457 or 482 visa. Under policy, the Department allows some flexibility where the occupation is in the same four-digit ANZSCO unit group, and looks at the tasks where ANZSCO codes have changed. Occupations created under labour agreements (code 070499) cannot be used for TRT.

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The last approved sponsor

Only the most recent sponsor can nominate. If several employers have nominated the worker, only the one with the most recent approved nomination can make the TRT nomination. After a restructure, the Department may accept a nomination where it is essentially the same business and the worker is in the same job. See company restructures and the 186 TRT.

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Doing the job

The nomination cannot be approved if the Department has information that the worker is not genuinely performing the tasks of the occupation, unless it is reasonable to disregard it. The Department’s example is a worker sponsored as a cook who has actually been working as a kitchenhand. Any such information must be put to the employer for comment first.

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The other requirements

TRT nominations must also meet the genuine need, direct control, full-time two year and salary and capacity requirements, and the business must be actively and lawfully operating. The worker’s own two years of visa and work history are now checked at the visa stage. See counting the two years for the TRT.

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What you should do now

• Check the sponsor: make sure the nominating entity is the one with the worker’s latest approved 482 nomination.
• Match the occupation: nominate the same occupation as the worker’s current or last 482 visa.
• Align duties: make sure the position description and the worker’s actual duties match the ANZSCO tasks.
• Plan the timing: check the worker will meet the two year rule before the visa application is lodged.