Will Unpaid Leave or Reduced Working Hours Affect My SC186 (TRT) visa Eligibility?
Are you currently on a Skills in Demand (SID), previously known as Temporary Skill Shortage (TSS) (Subclass 482) visa, and working towards permanent residency (PR) through the Employer Nomination Scheme (ENS) (Subclass 186) - Temporary Residence Transition (TRT) stream? However, if there have been changes to your employment situation, such as taking unpaid leave or reduced working hours, this may raise concerns about your ENS (SC186) TRT eligibility.
What are the Employer Nomination Scheme (ENS) (Subclass 186) - Temporary Residence Transition (TRT) stream Requirements?
To be eligible for the SC186 TRT stream, you must meet several key criteria, including:
You must be nominated by your employer for the nominated occupation on the relevant skilled occupation list.
You must have worked for your nominating employer for at least 2 years on an eligible visa such as SC482.
You must be working in a full-time position (at least 38 hours per week) under the nominated occupation.
How Does Unpaid Leave or Reduced Hours Impact My Eligibility for ENS SC186 – TRT?
If your work circumstances change, it is important to discuss with your employer to ensure you continue meeting with SC482 visa condition – that is, to work in your nominated occupation for your sponsoring employer – Condition 8607.
For those aiming to transition to the ENS SC186 TRT stream, you must demonstrate full-time employment in your nominated role for at least 2 years with the same employer. The Department will assess whether you maintained continuous, full-time employment in the nominated occupation throughout the required period.
If circumstances do not allow, you have a 180-day grace period to either apply for a new visa, find a new sponsor or depart Australia. This grace period can be accumulated up to 365 days throughout the visa grant period.
Related:
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
How Can Agape Henry Crux Help
Unpaid leave or reduced hours will not disqualify you from eligibility for a SC186 (TRT) visa. Seek professional and proper advice through a consultation with an Immigration Lawyer. Our Accredited Specialists in Immigration Law, along with 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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