FAQ (pt 2) | Transition from Skills in Demand (SID) (Subclass 482) Visa to Employer Nomination Scheme (ENS) (Subclass 186) Visa

As we just discussed in Part 1 of the Frequently Asked Questions (FAQs) on understanding the transition from the Skills in Demand (SID) Subclass 482 visa to the Employer Nomination Scheme (ENS) Subclass 186 visa – Temporary Residence Transition (TRT) stream. We will continue to provide more FAQs relevant to dependents on SC482 visas and how they may be affected by changes in employers.

Frequently Asked Questions to Transition from SID/TSS (SC482) to ENS (SC186) TRT Stream

Since the secondary applicant was a dependent, what happens to their visa status if the primary applicant has resigned from their company (sponsor)?
The secondary applicant’s visa remains valid as long as the primary applicant maintains their visa status. Still, the secondary applicant’s visa may be affected if the primary applicant’s visa is cancelled or transitions to another visa type without including the dependents.
Would the time spent under the TSS/SID (SC482) visa as the primary applicant’s dependent be counted towards PR eligibility?
Yes, time spent as a dependent may be counted towards the PR requirements if they apply independently and meet the rest of the visa eligibility criteria.
Can the secondary applicant apply for their own TSS visa or PR independently? Can the primary applicant also serve as their secondary applicant?
Yes, the secondary applicant can apply independently for a SID visa or PR, and the primary applicant can become the secondary, as long as they meet the visa requirements.
Is it possible for both primary and secondary applicants to switch roles? For example, the secondary applicant becomes the primary applicant, and the current primary applicant becomes the secondary applicant?
Yes, role-switching is possible, provided both parties meet all visa conditions and employment criteria.
Are there any bridging visa implications that the visa applicants should be aware of if applying for a new visa?
Obtaining a bridging visa may restrict travel. If the visa applicant is holding a Bridging Visa A (BVA) (Subclass 010), they can apply for a Bridging Visa B (BVB) (Subclass 020) with travel rights if needed.
What is the safer option? To lodge a visa application onshore or offshore (e.g., after a short return to the home country)?
Depending on the visa applicant’s goals and circumstances. Generally, applying onshore allows you to stay in Australia on a bridging visa while your application is processed, maintaining legal status and avoiding re-entry issues. Offshore applications may result in longer wait times and difficulties re-entering Australia if restrictions are in place.
Are National Innovation visa (Subclass 858), regional options, or other pathways an option?
Depending on your skills and circumstances, exploring alternative visas such as the National Innovation Visa (SC858) program or regional visas, such as Skilled Employer Sponsored Regional (SESR) (Subclass 494) could offer viable pathways to PR.
During the 180-day transition period, can visa applicants and their dependents travel overseas and enter Australia?
As long as the current visa condition allows for travel and the visa applicant doesn’t have a re-entry ban, the visa applicant can travel. If the visa applicant holds a BVA, ensure they also hold a BVB if they intend to travel and return to Australia during the transition phase.
Can visa applicants and their dependents work for another company?
Both primary and secondary applicants can work for another company during the 180-day period. If the primary applicant has found a new employer who is willing to sponsor them, they can start working with this employer as long as the nomination is lodged within the 180-day period. Secondary applicants have no sponsorship restrictions.

How Can Agape Henry Crux Help

At Agape Henry Crux, our immigration lawyers can provide tailored advice and guidance specific to your situation to help you achieve your visa objectives. The team works with 2 of our Accredited Specialists in Immigration Law who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers 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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