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The Migration Amendment (Skilled Visa Reform Technical Measures) Regulations 2025 make targeted changes to the Migration Regulations 1994.
Background
The changes introduce technical amendments to the Sc 482 SID visa scheme to align it with the standard temporary work visa framework, addressing consequential gaps following its creation in December 2024.
Most significantly, the Regulations modify the Employer Nomination Scheme (ENS) Subclass 186 Temporary Residence Transition (TRT) stream requirements. Specifically, they mandate that employers must remain an Approved Sponsor or Labour Agreement holder for the entire duration of any employment claimed by a Sc 482 (TSS or SID) visa holder for the purposes of the Sc 186 ENS TRT pathway.
The regulations take effect on 29 November 2025.
The new Regulations will not impact the Sc 186 ENS visa Direct Entry stream.
Impact
Employers will now need to carefully monitor the duration of any Sponsorship or Labour Agreement. Sponsors would be well advised to apply for sponsorship renewal prior to the end of any sponsorship period to ensure visa holders are not negatively impacted.
Where employment is completed with an employer who ceases to be a sponsor, this work experience will no longer be eligible for inclusion in the work experience requirement for the Sc 186 TRT pathway.
Changes to the Sc 186 Employer Nomination Scheme Temporary Residence Transition stream
The Sc 482 SID visa replaced the former Temporary Skill Shortage (TSS) visa in December 2024, introducing a new structure for temporary skilled work. This reform included modifications to Condition 8107, which significantly increased the mobility of Sc 482 visa holders, allowing them to cease work with a sponsor and work for any other employer for up to 180 days (or one year over the visa's duration).
The December 2024 modifications to Condition 8107 significantly increased mobility for Sc 482 visa holders to move between employers. The changes were intended to prevent exploitation and support visa holders to find another sponsor and meet their financial needs during this time. Primary Sc 482 visa holders would be able to cease work with a current sponsor and work for any other employer for a period of 180 days at a time or 1 year over the duration of their visa.
The expanded mobility meant that consequential changes to the Sc 186 Temporary Residency were required. These changes expanded the scope of what work could be used to meet the requirements for the Sc 186 ENS Temporary Residency Transition stream.
At the time of implementation, the wording of the 2024 changes created ambiguity about what work experience Sc 482 visa holders could claim for the purposes of the Sc 186 ENS TRT visa.
Work experience for ENS TRT must be with an approved sponsor
The most substantive change relates to the ENS Subclass 186 visa in the TRT stream.
Under the current framework, an applicant for ENS TRT must:
- have held an eligible temporary skilled visa, such as the SID visa, for at least two years in the three years before application
- have worked in Australia in the nominated occupation on a full time basis for at least two years, subject to some variation for specified occupations.
The amendment inserts the words "by an approved work sponsor" into the relevant work experience requirements.
Approved Work Sponsor
Since December 2024, time worked in Australia in the nominated occupation did not always need to be with an Approved Work Sponsor.
An Approved Work Sponsor is a person or organisation which has been approved to sponsor visa holders for a visa through a Sponsorship or Labour Agreement process. However, the person ceases to be an Approved Work Sponsor where the approval has been cancelled or ceased to have effect. The most common cessation being a specific date or time period.
The impact of this change is that employers must ensure they are a valid business sponsor for the duration of employment of any Sc 482 or 494 visa holder. Periods of employment where the Sponsorship or Labour Agreement lapsed are no longer valid for the purposes of the Sc 186 ENS TRT pathway.
Nomination Requirements
The changes do allow some degree of flexibility under the operation of the new Condition 8107. The language of the amendments does not limit eligible work experience to the period of time the visa holder had a valid Nomination with the Approved Work Sponsor. This means that employment during the 180 day period without sponsorship may also be eligible provided that the individual is subsequently nominated by the employer sponsor.
The Sc 186 ENS TRT pathway does require the nominating employer to be the most recent sponsor of the visa holder.
It is highly likely that a number of prospective Sc 482 visa holders will be negatively impacted if the restriction to only Approved Work Sponsors is enforced.
Technical Amendments
Visa cancellation powers now include the SID visa
Regulation 2.43(1)(l) lists grounds for cancelling a visa where the sponsoring employer's behaviour makes ongoing sponsorship inappropriate.
The amendment adds an express reference to the SID visa.
This means a SID visa is now subject to cancellation on this ground where, for example:
- the sponsor provides false or misleading information
- the sponsor fails to meet sponsorship obligations
- the sponsor's approval is cancelled or the sponsor is barred
- a relevant labour agreement ends, is suspended or otherwise ceases.
These cancellation powers apply to SID visas granted before, on or after 29 November 2025, as long as the cancellation decision occurs on or after that date.
Primary and secondary sponsored persons clarified
Regulation 2.57(1) defines primary sponsored person and secondary sponsored person for work agreement sponsors. The amendment updates those definitions so that they clearly include SID visa holders.
In short:
- a worker who holds a SID visa under a labour agreement is a primary sponsored person
- family members who hold SID visas due to that relationship are secondary sponsored persons.
This ensures that the sponsorship obligations in Part 2A of the Regulations clearly extend to SID visa holders and their family members.
The change is technical and seeks to clarify the arrangements rather than create new obligations.
Sponsor obligation to pay travel costs
Regulation 2.80 sets out an approved sponsor's obligation to pay certain travel costs so that a sponsored person is able to depart Australia. The regulation already covered sponsors of both TSS and SID visa holders.
The amendment updates the provision that deals with when that obligation ends. It now refers expressly to the SID visa in the context of a person who departs Australia while holding a Subclass 020 Bridging B visa, where that bridging visa later ceases.
This places SID visa holders in the same position as TSS visa holders for the purpose of ending the travel cost obligation.
Review rights for SID visa refusals
Subregulation 4.02(4) lists decisions that the Administrative Review Tribunal has authority to review under section 338 of the Migration Act.
The amendment adds the SID visa to this list. A decision to refuse a SID visa where the applicant was outside Australia at the time of application now falls within the review scheme.
This applies to refusal decisions made on or after 29 November 2025, even if the application was lodged before that date.
The change confirms review rights for earlier applicants who fall within this category.
Timing and application of the changes
The amendment sets out clear application provisions:
- cancellation powers relating to sponsors apply to decisions made on or after 29 November 2025, for SID visas granted at any time
- the updated primary and secondary sponsored person definitions apply to SID visas granted before, on or after commencement
- review rights for SID visa refusals apply to refusal decisions made on or after commencement
- the new ENS TRT work experience rule applies only to ENS applications lodged on or after commencement.
Key takeaways for employers and visa holders
- Employers must ensure they hold a valid Sponsorship or Labour Agreement through the duration of a Sc 482 / Sc 494 visa holders employment. Failure to do so will result in visa holders being rendered ineligible to claim work experience.
- For ENS Subclass 186 TRT, only experience gained in Australia while employed by an approved work sponsor in the nominated occupation will count toward the two year work requirement for applications lodged from 29 November 2025.
- Sponsors of SID visa holders now sit under the same cancellation, sponsorship and travel cost settings that previously applied to TSS holders.
- Refusals of SID visa applications made outside Australia fall within the Administrative Review Tribunal review scheme.
Need to review sponsorship terms, labour agreements or permanent
residency pathways in light of these amendments?
Get in touch with Roam Migration Law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
