Earlier this month, one of our clients received the news every temporary visa holder hopes for: the Department of Home Affairs had granted their Employer Nomination Scheme (Subclass 186) visa. After years of building a career in Australia on a temporary visa, they are now a permanent resident.
What makes this one worth writing about is a twist that worries a lot of people on temporary visas. Partway through the journey, the client's occupation was removed from the skilled occupation list. They were still granted permanent residence. Here's how, and what it means if you're in a similar position.
Who this client is
Our client is a graphic designer from Thailand who works for a creative agency here in Australia. They first came to the agency on a subclass 482 visa, the temporary visa that lets an Australian employer sponsor a skilled worker when they can't find the right person locally.
A 482 is a good start, but it has an expiry date, and it ties your right to stay in Australia to your job. Our client wanted something more settled, and their employer wanted to keep them. That combination is exactly what the subclass 186 visa is designed for.
What the subclass 186 visa is
The Employer Nomination Scheme (subclass 186) is a permanent visa. The idea is simple: an Australian employer nominates a skilled worker for a permanent position, and if both the employer and the worker meet the requirements, the worker gets to stay in Australia permanently.
There are a few different streams within the 186. Our client applied under the Temporary Residence Transition stream, which is built for people who are already working for their sponsoring employer on a 482 visa. The logic is that the employer has had the chance to see the worker in the role, the worker has already shown they can do the job, and the relationship has proven itself, so it makes sense to make it permanent.
The key requirement in this stream is time with your employer. You generally need to have worked for your sponsoring employer on your 482 visa for two years, and that period needs to be continuous, without unpaid leave breaking it up. Periods of unpaid leave can mean you haven't met the requirement yet, even if you've been with the employer for longer than two years on the calendar. It's one of the most common things that catches people out, and it's worth checking carefully before you apply.
The occupation came off the list
Here's the part that causes so much anxiety. Skilled visas in Australia are tied to occupation lists, and those lists change. Occupations get added, moved between lists and removed, often with little warning. When your occupation disappears from a list, it's natural to assume your chance at permanent residence has gone with it.
That's what happened to our client: graphic designer was removed from the skilled occupation list while they were on their 482 and working towards permanent residence.
The good news is that the Temporary Residence Transition stream is built around the position you already hold with your sponsor, not around whether your occupation is on a list today. Because our client had already been sponsored in that role on their 482 visa, and had done the required two years with the same employer, the removal of the occupation from the list didn't stop the application. The Department granted the visa.
This won't be the answer for everyone, and the details of your own visa history matter enormously. But if you've seen your occupation drop off a list and assumed that's the end of the road, it's worth getting advice before you give up on permanent residence.
How it unfolded
Here's the timeline for this client:
18 December 2024 — We lodged the subclass 186 application with the Department. The same day, the Department sent an acknowledgement confirming the application had been received, which is the formal starting point for processing.
The waiting period — This is the hard part for most clients. Between lodgement and decision there's often very little visible activity, and that silence can be stressful. We kept the client and employer informed about what to expect and made sure they knew to tell us about any changes to their circumstances, because the Department expects to be updated on things like a new passport, a new address or changes to family members.
10 September 2026 — After more than 20 months of uploading new information to the Department, the Department wrote our firm requesting the employer for more information. A request like this is common and isn't a sign that something has gone wrong, but it does come with a deadline, and how you respond matters. We worked with the employer to put together a complete, well-organised response and got it back to the Department promptly.
12 October 2026 — The Department granted the visa, about two weeks after the employer's response went in.
For this client, the process from lodgement to grant took a little under two years. Every application is different, and processing times depend on the Department's workload, the stream applied under, and the individual case, so we never treat one client's timeline as a prediction for another's. But it's a realistic illustration of the patience the process can require.
What permanent residence means in practice
With the grant, our client's situation has changed in a few important ways:
- They can stay in Australia indefinitely. Their right to live and work here is no longer tied to a particular visa expiry date.
- They are no longer tied to a single job. Unlike a 482 visa, a subclass 186 visa isn't dependent on continuing to work for the sponsoring employer in the longer term.
- They can travel. The visa comes with a travel facility, which lets them leave and re-enter Australia for a set period (in this case, until October 2031). If they still want to travel in and out of Australia after that period, they'll need to look at a Resident Return visa or citizenship, and we'll be guiding them on that well before it becomes an issue.
- The path to citizenship opens up. Permanent residence is one of the building blocks for applying for Australian citizenship down the track.
One small but important point from the grant notice: the Department reminds visa holders that if they have any other visa applications still undecided, they should think about withdrawing them, because being granted another visa later could cause the 186 to cease. It's a detail that's easy to overlook in the excitement of a grant, and it's one of the things we walk through with every client at this stage.
What this means if you're on a 482 visa
If you're currently working in Australia on a 482 visa and you'd like to stay permanently, the Temporary Residence Transition stream of the subclass 186 is worth understanding. The main things that tend to matter are:
- Your employer's willingness to nominate you. This is an employer-sponsored visa, so it starts with a conversation with your employer.
- Two years with that employer on your 482, without unpaid leave. Keep good records of your employment, and if you're thinking about taking unpaid leave, get advice first, because it can affect when you become eligible.
- Don't assume the occupation list has closed the door. If your occupation has been removed from a list since you were sponsored, your position may still be eligible under this stream. Ask before you write it off.
- Getting the application right the first time. Because the wait can be long, a mistake or a missing document can cost you a great deal of time. This is where good preparation at the start pays off.
- Be ready for a request for more information. The Department may write to you or your employer part-way through, sometimes long after lodgement. Respond fully and on time, and get advice on what to include rather than guessing.
Every situation is a little different. Your occupation, how long you've been with your employer, your age, your English and your visa history can all affect which stream fits and when it's best to apply.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping families, couples, and businesses navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Subclass 186 Permanent Work Visa or a Subclass 482 Work Visa, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Jay Hronsky, Practice Director
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.
