We are receiving a lot of questions from client with the regards the pending changes to the transition program and the requirement to hold a 482 for two years before applying for a 186 visa as their current 482 (short term list occupation) is only for two years.  The question generally is “Do I have to apply for another 482?”

To begin with, it is important to remember that you must work for the sponsoring employer for two years on the 482 visa.  So depending on your commencement date our advice would be as follows:

Firstly, If you were employed by your sponsor on the day of the grant of your 482 visa then your visa would have been granted for 2 years and 1 day.  For example 13 September 2021 to 13 September 2023 is 2 years and 1 day.  In these circumstances you would start building your application in advance of the expiry of your visa which must then be filed on the last day of it term.

The Department does have some flexibility around the application date in that their policy states:

To prevent inefficiencies resulting from the 457/TSS visa ceasing a few days short of a visa holder meeting the three year requirement and necessitating     obtaining a further TSS visa to meet this requirement, decision makers can consider applications where lodgement has occurred a few days prior to the three year date in consultation with Program Management.

We would expect the same approach when the program switches to two years. 

Secondly, If you were granted a 482 but did not take up employment until after the grant date then you will need to apply for a new 482 visa.  To transition to a 186 visa you need to have been employed actively performing the duties of the position for which you are sponsored for at least two years.  In this case we would recommend applying for a further 482.