Can You Still Get PR If You Change Employers? Your Guide to Subclass 186 Sponsorship
You’ve worked hard, built your career in Australia, and finally hit a key milestone: three years of skilled work experience. Legally, you may now qualify for permanent residency (PR) under the Employer Nomination Scheme (ENS) (subclass 186) Visa.
But what if your current employer can’t or won’t sponsor you? Or perhaps you're ready for a change and don’t wish to stay with the same employer? This situation is more common than you might think and can feel like a frustrating hurdle. Many skilled workers find themselves caught between their goal of obtaining PR and the desire to move on from their current employment arrangements.
You may have heard statements like, “You must stay with your current employer to qualify for PR sponsorship.” However, the truth is—it all depends on your occupation. If you’re considering changing employers or exploring alternative pathways, it’s essential to seek clear, legally sound guidance from registered legal professionals, not just rely on word-of-mouth or informal advice.
What is the Employer Nomination Scheme (ENS) (SC186) Visa?
The Subclass 186 Employer Nomination Scheme (ENS) visa offers a permanent pathway for skilled workers nominated by an Australian employer. It has 3 streams—Direct Entry (DE), Temporary Residence Transition (TRT), and Labour Agreement—each with distinct eligibility criteria and processes.
The main difference between the Direct Entry (DE) and Temporary Residence Transition (TRT) streams lies in the requirement to continue working for the same employer. While the TRT stream requires ongoing employment with your current sponsoring employer, the DE stream does not. Thus, offering more flexibility if you’re considering a change in employers. The table below outlines some additional key requirements for the DE and TRT streams:
| Requirement | Direct Entry (DE) Stream | Temporary residence Transition (TRT) Stream |
|---|---|---|
| Currently holding a 482 visa | No | Yes |
| Flexibility to find a new employer for sponsor | Yes (depending on occupation) | No |
| Skill assessment required | Yes | No |
| Work Experience Requirement (Minimum) | 3 years | 1 year |
| Minimum work requirement with current employer | None | Minimum 2 years |
| Occupation must be listed in the occupational list | Yes | No |
Which SC186 stream is suitable for you?
Your pathway to PR depends on several personal factors, including your current visa status, occupation, and unique circumstances. If your occupation qualifies for the DE pathway, you have the flexibility to leave your current employer and seek a new sponsor.
However, if your occupation is not eligible for DE, you will need to follow the TRT pathway, which requires you to remain employed with your current sponsoring employer.
While determining the right pathway might seem straightforward, consulting with an immigration lawyer ensures you receive personalised advice tailored to your needs, such as whether you can change employers or should remain with your current sponsor.
How Can Agape Henry Crux Help
Seek professional and proper advice through a consultation with an Immigration Lawyer. Our Accredited Specialists in Immigration Law or our team of immigration lawyers and registered migration agents specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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