186 Nominations: Full-Time Employment for at Least Two Years

For the Temporary Residence Transition and Direct Entry streams, the employer must show the nominee will be employed full-time in the position for at least two years, and that the terms do not exclude extending the employment. This article explains what that means in practice.

What counts as full-time

The Department’s policy treats full-time as 38 hours a week, or between 32 and 45 hours where an award or enterprise agreement says so and it is consistent with the National Employment Standards. Unusual patterns, such as fly in fly out rosters, can be referred for policy advice. For other ways salary and hours are checked, see salary and capacity to pay.

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The employment contract

A contract is expected, but not strictly required. The Department’s instructions say a contract should show the nominee’s name, position and duties, any fixed period, salary and conditions, and leave entitlements. An online acceptance screenshot can be accepted. The contract does not need to state that the job will last two years. Without a contract, officers may rely on other evidence, such as the worker continuing under their existing 457 or 482 contract.

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Fixed-term contracts

Since December 2023, the Fair Work Act generally limits fixed-term contracts to two years. The Department’s policy says that a contract appearing to be fixed for more than two years is still valid for a 186. If a contract is for exactly two years, officers check there is no clause excluding an extension and that the employer intends ongoing employment.

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Probation periods

• probation should not arise in TRT, because the worker has already been employed by the sponsor;
• 3 or 6 month probation periods are common and do not stop the position being ongoing;
• in Direct Entry, a probation period longer than 6 months, or one that differs from other staff, may be investigated;
• university academic positions can have longer probation under enterprise agreements, up to 5 years at Level A.

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The TRT exemption

For TRT nominations in occupations specified by the Minister, the full-time two year requirement does not apply, but the extension and capacity to employ requirements still do. See the TRT stream page for the wider criteria.

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What you should do now

• Review the contract: check it shows full-time hours, the position, salary and conditions, and does not rule out extension.
• Check the hours: make sure the ordinary hours are 38 a week, or within the range set by the relevant award.
• Look at probation: keep probation to the standard period used for other staff.
• Fixed-term roles: if the contract is for two years, confirm in writing that ongoing employment is intended.