186 TRT Two-Year Work Requirement: Unpaid Leave, Employer Changes and What Counts
Updated September 2026. The Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (Subclass 186) generally requires the applicant to have completed at least two years of eligible sponsored employment during the three years immediately before the 186 visa application.
That calculation can become complicated where the worker changed employers, took unpaid leave, moved between 457 and 482 visas, or worked under an eligible bridging visa.
For application advice, see our Subclass 186 service.
What is the current two-year requirement?
Home Affairs states that an applicant must generally have two years of eligible sponsored employment in the three years before the application.
The eligible employment must generally be:
- full-time;
- undertaken in Australia;
- undertaken while holding a Subclass 457, Subclass 482 or eligible bridging visa; and
- in an occupation for which the relevant 457 or 482 visa was granted.
Does unpaid leave count?
No. The Migration Regulations expressly provide that periods of unpaid leave are not included in the two-year employment calculation.
This can affect workers who took extended unpaid parental leave, unpaid personal leave, career breaks or other leave without pay.
What about paid annual leave or paid personal leave?
The Regulations specifically exclude unpaid leave. Ordinary paid leave forms part of employment and is treated differently from a period in which the employee is not being paid. The actual payroll and employment records should be checked where the history is complex.
Can employment with more than one sponsor count?
Yes, potentially. Current Home Affairs guidance states that where an applicant held multiple 457 or 482 visas in the relevant three-year period, eligible sponsored employment can be counted in occupations the person was approved to work in.
This is a major change from the older assumption that all qualifying employment had to be with the final nominating employer.
What if you changed employers before the new nomination was approved?
Home Affairs currently states that, where a worker changed employers, sponsored employment can count from the date an approved nomination was lodged if the worker started with the new employer before nomination approval.
Keep the nomination lodgement receipt and approval notice. These dates may matter to the calculation.
Does work on a bridging visa count?
The current Regulations can recognise specified bridging visa periods where the last substantive visa was an eligible 457 or 482 and the bridging visa arose from an application for a specified visa. Not every bridging visa period qualifies automatically.
Does part-time work count?
The general TRT requirement is full-time sponsored employment. A part-time period may therefore create a problem in satisfying the standard two-year criterion unless a specific exception or instrument applies.
What documents should be kept?
- all 457 and 482 grant notices;
- nomination lodgement and approval notices;
- employment contracts;
- payslips;
- PAYG or income statements;
- superannuation records;
- leave records showing paid and unpaid periods;
- employment separation certificates; and
- bridging visa grant notices where relevant.
Why calculate the dates before lodging the nomination?
A few weeks of unpaid leave or a gap between sponsored employers can change the date on which the two-year requirement is reached. Lodging too early can put both the nomination strategy and visa application at risk.
Official guidance
Home Affairs sets out the current employment criteria on the Subclass 186 TRT page. The underlying rules appear in clauses 186.226 and 186.227 of the Migration Regulations 1994.
Need the qualifying period calculated?
Emigrate Lawyers can audit the 457/482 history, nomination dates, leave records, and employer changes before a 186 TRT application is lodged. Contact our employer-sponsored visa team.
This article is general information only and is not legal advice. The qualifying period should be calculated from the applicant’s actual visa and employment records.
Related Insights:
Employer Sponsorship Refused in Australia: ART Review or Reapply?
Madhab Kharel
Principal Lawyer & Director, Emigrate Lawyers
Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.
Reviewed by Madhab Kharel, Principal Lawyer
Date reviewed: 21 September 2026
