Key Policy Updates for Employer-Sponsored Visas (Subclass 186) & Regulation 5.19
The Department of Home Affairs has updated its procedural instructions (PI) for employer-sponsored visas, specifically Regulation 5.19 nominations and the Subclass 186 visa (Employer Nomination Scheme – ENS). These updates, which took effect from 7 December 2024, provide additional guidance for decision-makers on how to assess visa applications.
If you are applying for the Temporary Residence Transition (TRT) stream, these instructions clarify how work experience, bridging visa periods, and occupational requirements will be assessed.
Key Procedural Clarifications for the Subclass 186 Visa
✅ Clarification on the Two-Year Visa Holding Requirement
- Applicants must have held a Subclass 457 or 482 visa for two years before applying.
- Decision-makers may accept applications lodged a few days before meeting this requirement in consultation with Program Management.
- If an applicant had a gap between two temporary skilled visas and was on a Bridging Visa (BV) during this period, that time may be counted towards the two-year requirement, provided the subsequent visa was granted.
✅ Guidance on Acceptable Work Experience (TRT Stream)
- Work experience completed while waiting for nomination approval can now be considered.
- Time spent working in a different sponsored occupation may be counted, as long as:
- ✔️ The applicant was sponsored and held a valid skilled visa.
- ✔️ A subsequent visa application was granted for the new occupation.
- Work experience during a merits or judicial review period can also be counted, provided that:
- ✔️ The applicant’s last substantive visa was a Subclass 457 or 482 visa.
- ✔️ The visa application is for a Subclass 457, 482, 186, or 187 visa.
- ✔️ The nomination was ultimately approved.
✅ Clarification on Nominated Occupation Consistency (Regulation 5.19)
- Under Regulation 5.19(5)(b), a nominee’s occupation should match their most recently held Subclass 457 or 482 visa.
- However, if ANZSCO codes have been updated or reclassified, decision-makers can consider the actual job tasks, rather than strictly relying on old ANZSCO codes.
What This Means for Applicants & Employers
These procedural instructions do not change the law, but they provide clearer guidelines for visa processing officers. This can help reduce unnecessary refusals or delays in cases where:
- ✅ The applicant’s visa expired a few days before meeting the two-year requirement.
- ✅ Work experience was completed while on a bridging visa.
- ✅ The applicant changed employers or occupations while remaining in the same sponsorship pathway.
If you’re applying for a Subclass 186 visa or assisting an employee with a nomination, it’s important to ensure your application meets these clarified guidelines.
Need Assistance with Your Visa Application?
Understanding visa policies and procedural instructions can be complex. If you’re unsure how these updates impact your application, Visa Finder can assist with:
- ✅ Reviewing your eligibility for the Subclass 186 visa and employer nomination requirements.
- ✅ Ensuring compliance with Regulation 5.19 and ANZSCO classification updates.
- ✅ Providing expert guidance on bridging visas, work experience, and TRT stream applications.
- ✅ Helping employers and businesses navigate nomination processes effectively.
Book a Consultation for Expert Visa Guidance!
Visa Finder is committed to helping skilled professionals and employers successfully navigate Australia’s visa policies. Whether you are an employer looking to sponsor skilled workers or an applicant seeking permanent residency, our team is here to support you.
Book a consultation today! Click here to get started, or reach out to our migration experts for personalised advice.
Disclaimer
This article is for general information purposes only and does not constitute legal or migration advice. Visa policies are subject to change, and applicants should refer to official government sources or seek professional advice before proceeding with an application.
