ENS Subclass 186 (TRT) Visa Update: What the 29 November 2025 Clarification Really Means for Employers and Sponsored Workers

Australia’s Employer Nomination Scheme (ENS) Subclass 186 under the Temporary Residence Transition (TRT) stream remains one of the most important permanent residency pathways for sponsored skilled workers already working in Australia.

On 29 November 2025, the Department of Home Affairs issued an important clarification regarding amendments to Migration Regulations 186.227(1) and 186.227(2). While this announcement triggered concern among many employers and visa holders, the Department has now confirmed that these changes are clarificatory in nature and do not introduce a new policy direction.

We have tried to explain in clear and practical terms what has changed, what has not changed, and how ENS 186 (TRT) applicants and employers should approach PR planning in 2026.

With 180,000+ successful migration journeys, Aussizz Group breaks down this update so both employees and sponsors can proceed with confidence.

Understanding ENS Subclass 186 (TRT) in Australia’s PR Framework

The ENS Subclass 186 (TRT) visa allows eligible temporary visa holders (such as Subclass 482 or eligible bridging visa holders) to transition to permanent residency through their employer.

This pathway is designed for:

• Sponsored skilled workers with ongoing employment
• Employers seeking long-term workforce retention
• Occupations aligned with Australia’s skilled migration framework

Unlike points-tested visas, the TRT stream is employer-driven, making compliance, sponsorship history and employment continuity critical.

Why the 29 November 2025 Clarification was Issued?

The Department observed inconsistent interpretations of what qualifies as valid work experience for the TRT stream – particularly in cases involving:

• Changes in employer sponsorship status
• Employers whose approvals lapsed after employment commenced
• Situations where sponsors were later barred or cancelled

To remove ambiguity, the Department clarified how work experience must be assessed under existing regulations – without changing the intent of the law.

Work Experience Must be with an Approved Sponsor – What This Really Means

One of the most discussed clarifications is that work experience counted toward ENS 186 (TRT) eligibility must be undertaken with an approved sponsor.

This does not mean:

• Your employer must remain approved for the entire duration of your employment
• You automatically lose eligibility if your employer’s approval later expires

What it does mean is:

• At the time you performed the work being claimed, your employer must have been lawfully approved
• The employment must have occurred under a valid sponsorship arrangement
• The work must align with the nominated occupation

This clarification ensures that only lawful, compliant employment contributes toward permanent residency eligibility.

Sponsor Approval Does Not Need to be Continuous – A Key Relief for Applicants

A major concern addressed by the Department is whether sponsors must maintain approval without interruption throughout the entire employment period.

The clarification confirms:

Sponsors are not required to maintain approval for the entire employment period, provided the employment occurred while the sponsor was approved.

This is particularly relevant for:

• Businesses that changed ownership
• Sponsors who did not renew approval after the employee left
• Organisations that ceased sponsorship activities later

As long as sponsorship was valid during the period of claimed employment, that experience can still be considered – subject to compliance history.

Why Experience Cannot be Counted if the Sponsor was Later Barred or Cancelled?

Another critical clarification is that work experience cannot be counted if the employer:

• Was later barred
• Had sponsorship cancelled
• Was subject to serious compliance breaches

This is not a new rule – it reflects existing integrity principles.

The Department’s intent is to ensure that permanent residency is not granted based on employment linked to:

• Exploitative practices
• Breaches of sponsorship obligations
• Non-compliant employers

Each case is assessed based on sponsorship history and compliance records, not assumptions.

No Policy Change – Why This Matters for Existing and Future Applicants

The Department has clearly stated that:

The amendments do not change existing policy and are clarificatory only.

This is crucial for:

• Current 482 visa holders planning ENS
• Employers preparing nominations
• Applicants close to meeting TRT work requirements

If you were already compliant under previous interpretations, your eligibility remains intact.

How ENS 186 (TRT) will be Assessed Moving Into 2026?

The clarification strengthens one key principle: compliance and documentation matter more than ever.

Moving into 2026, ENS 186 (TRT) assessments will focus on:

• Lawful sponsorship at the time of employment
• Clear employer-employee relationship
• Genuine, ongoing role
• Consistent occupation alignment
• Clean sponsorship compliance history

Applicants with transparent employment records and compliant sponsors remain well-positioned.

What Sponsored Employees Must Understand After This Update?

Employees should clearly understand:

• Their work experience validity depends on sponsor approval status
• Employment records must be verifiable and compliant
• PR eligibility is not just about time served, but how and with whom

Blindly assuming all work counts can create risk if sponsor history is unclear.

When ENS 186 (TRT) is Still the Best Option?

ENS 186 (TRT) remains ideal when:

• You have worked with the same sponsor
• Your occupation remains unchanged
• Sponsorship compliance is clean
• Your employment is ongoing and genuine

If sponsorship history is complex, alternative pathways may need evaluation.

How to Protect Your ENS 186 (TRT) Application?

Applicants and employers should proactively:

• Review sponsorship approval timelines
• Audit employment records
• Confirm sponsor compliance history
• Ensure nomination aligns precisely with duties performed
• Maintain evidence of lawful employment

Early review reduces refusal risk.

Turning Compliance into Permanent Residency Success

The ENS 186 (TRT) pathway rewards:

• Stable employment
• Compliant sponsorship
• Long-term workforce contribution

With the clarification now in place, applicants who align with these principles can move forward with greater certainty.

Aussizz Group assists both employers and employees in navigating these requirements, ensuring nominations are structured correctly from the outset.

FAQs

Q1. Does My Employer Need to Be Approved for All 2–3 Years of Work?

No. Approval must exist during the period of employment claimed, not necessarily afterward.

Q2. Will This Change Affect Existing ENS 186 Applications?

No. The Department has confirmed these amendments are clarificatory only.

Q3. Can Work Be Counted If My Employer Later Lost Sponsorship Approval?

It depends on why approval was lost. If the employer was barred or cancelled due to non-compliance, experience may not count.

Q4. Does This Affect Both 186 TRT and Direct Entry?

This clarification specifically relates to TRT stream work experience assessment.

Q5. Should I Re-check My ENS Eligibility After This Update?

Yes. Reviewing sponsorship history and employment records is advisable.

Final Takeaway: ENS 186 (TRT) Remains Strong – Compliance is the Key

The 29 November 2025 clarification does not make ENS 186 harder – it makes it clearer.

For sponsored workers:

• Lawful employment still counts
• Genuine work experience remains valid
• PR planning can continue with confidence

For employers:

• Compliance history matters
• Sponsorship integrity is essential
• Long-term workforce retention remains supported

With 180,000+ successful applicants, Aussizz Group continues to support employers and skilled professionals through complex migration updates – transforming clarity into confident PR outcomes.