ENS 186 applicants must complete their two-year work experience with an approved Standard Business Sponsor under new migration regulations starting 29 November 2025.
The Australian Government has announced the Migration Amendment (Skilled Visa Reform Technical Measures) Regulations 2025, a suite of technical updates that will reshape key employer-sponsored visa pathways ahead of their commencement later this month.
One significant change affects the Employer Nomination Scheme (ENS) Subclass 186 Temporary Residence Transition (TRT) stream applicants in exempt occupations who, before 29 November 2025, can count relevant employment with a non-sponsoring employer towards the two-year TRT requirement. Officials say the measure will enforce higher integrity standards by ensuring all skills and employment used for permanent residency eligibility meet updated sponsorship, wage, and compliance rules.
As Marzena Fordonska, Principal Solicitor at SALIA Lawyers & Associates, explains: “The group most affected are applicants in roles such as medical practitioners, hospital officers, CEOs, corporate general managers or managing directors, who previously combined sponsored + non-sponsored employment to meet the two-year TRT requirement.”
The amendment also updates multiple provisions of the Migration Regulations 1994 to support the full integration of the Subclass 482 Skills in Demand (SID) visa, which replaced the Temporary Skill Shortage (TSS) visa in December 2024. Several legislative references still pointed to the former TSS programme, prompting the Government to clarify definitions, align obligations, and remove inconsistencies.
Amongst the most significant technical updates, the Minister’s cancellation powers under section 116(1)(g) of the Migration Act will formally extend to SID visa holders. This allows cancellations where an employer fails to meet sponsorship responsibilities or loses approval as a work sponsor. The Government says this change brings SID visa holders in line with the compliance framework previously applying to TSS workers.
The regulations also broaden the definitions of primary and secondary sponsored workers to explicitly include SID visa holders, including those under labour agreements. Additional provisions clarify when sponsorship obligations, such as travel cost responsibilities and workplace condition requirements, end for SID workers and their dependants.
Another key update makes offshore SID visa refusals reviewable decisions, giving affected applicants clear access to merits review under section 338(9) of the Migration Act.
A Statement of Compatibility accompanying the amendment states that the regulations are consistent with Australia’s international human rights obligations and primarily serve to clarify existing rules rather than introduce new burdens.
The instrument was signed by Governor-General Sam Mostyn AC on the advice of the Assistant Minister for Immigration and is scheduled to commence on 29 November 2025.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
