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Company Restructure, TSS 482 visa and 186 TRT (Temporary Residence Transition) stream


Update (October 2026)

On 7 December 2024 the TSS visa was replaced by the Skills in Demand (SID) visa, which keeps subclass 482, and since 25 November 2023 the 186 TRT stream requires at least 2 years of employment with the sponsor in the previous 3 years (previously 3 years in 4). The company restructure principles below still apply.

Company restructure, including being taken over, merged, acquired, or ceased to operate. This, from a migration law perspective, might have significant impact on the company employees who are holding visa subclass 482/457, and also on the eligibility to nominate them for a permanent visa subclass 186, Temporary Residence Transition stream.

Company Restructure’s impact on TSS/ 457 visa holders

The TSS/ 457 visa holders must only work for the employers who are listed in the most recent nomination approved and linked to their visas.

Where there are changes to the business arrangements of the sponsor, it is possible that the visa holder may find themselves working for a new employer, and therefore, they may be found breaching condition 8607 of their visa.

If a sponsor changes its business name or structure but retains its original ABN, this may not be regarded as a change of sponsor because the legal entity of the sponsor has potentially remained the same. As a result, a subclass 482 holder could continue to work for the business and not breach 8607.

The situation may, however, be different if a sponsor:

  • is taken over by another business and registers under a different ABN; or
  • is amalgamated into a business and:
    • adopts the subsuming business’ ABN; or
    • retains the existing ABN.

The relevant consideration here is whether the legal entity that the TSS visa holder is working for has changed.

In summary, if the company restructure that leads to an establishment of a new legal entity, that new legal entity, should they wish to retain the employees who are TSS/ 457 visa holders, must lodge a new nomination for these employees. The employees may need to suspense their work until the new nomination is approved.

Company Restructure’s impact on visa 186, Temporary Residence Transition stream (TRT)

One of the requirements for a nomination for visa 186 TRT is that the nominees for a 186 nomination have been employed in the position in relation to which they hold the subclass 457/TSS visa for a total period of at least two years in the 3 year period immediately before the nomination application was made (three years in four for nominations lodged before 25 November 2023).

In assessing whether the nominees meet this requirement, the Department of Home Affairs takes into account relevant factors, including the employer, location of the position, salary, position description and duties. In practice, nominators will usually have been the employer for the entirety of the required period.

In case the company is restructured during the required period, which then nominates the visa holder, and where the visa holder continues to work in the same position (e.g. same duties, working conditions and/or management structures, albeit the legal name of their employer has changed) in the business. In that scenario, the criterion is met if the nominee has worked in the position for the required period, regardless of the fact that the employer has changed.

What this means in 2026

The principles above still apply under the Skills in Demand (subclass 482) visa, which replaced the TSS visa on 7 December 2024. The key question is still whether the legal entity employing the visa holder has changed. If it has, the new entity generally needs to be an approved sponsor and lodge a new nomination before the visa holder can keep working for it.

Steps for employers going through a restructure

  1. Check the legal entity. Compare the ABN and legal name before and after the change. A change of trading name with the same ABN is usually not a change of sponsor.
  2. Notify the Department. Approved sponsors must tell the Department of Home Affairs about certain events, including changes to the business structure, a takeover or merger, or the business ceasing to operate, within 28 days.
  3. Confirm sponsorship for the new entity. If a new entity will employ the visa holders, it usually needs its own standard business sponsorship approval.
  4. Lodge new nominations. The new entity nominates each 482 visa holder for their position. Until the nomination is approved the visa holder may need to pause work to avoid breaching condition 8607.
  5. Plan the permanent pathway. Keep records showing the visa holder stayed in the same position (duties, location, salary and reporting lines) so that time before and after the restructure can count towards the 186 TRT stream.

Since 1 July 2024, a 482, 494 or 457 visa holder whose sponsored employment ends generally has up to 180 days at a time (and up to 365 days in total over the visa) to find a new sponsor, apply for a different visa or depart, unless the visa expires first.

For nominations lodged on or after 25 November 2023, the visa holder needs at least 2 years working for the sponsor in the nominated position (on a 482 or 457 visa) in the 3 years before the nomination. Any 482 holder can use the TRT stream once they meet this requirement, whatever their occupation list.

Usually not, if the ABN and the legal entity stay the same. It is still good practice to update the sponsor details with the Department and keep evidence that the legal entity has not changed.

Ask the employer which entity will employ them after the change and whether a new nomination is needed. Do not start working for a new legal entity until it has an approved nomination for you, and get advice early if the timing is unclear.

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