Subclass 186 TRT Work Requirement: Counting the Two Years Correctly
The 2 years work requirement with the sponsoring employer is the core condition of the subclass 186 TRT stream. However, the way this figure is counted is not as simple as it sounds — and misunderstanding it can lead to a refused application.
The Basic Rule
The TRT stream requires that you have worked for the sponsoring employer for at least 2 years (that is, typically two years within the most recent three years) before the employer lodges the 186 nomination.
The period of work must be: full-time, or part-time equivalent to full-time, with the same employer, in the same position or an equivalent position.
What “Within the Most Recent Three Years” Means
The Department does not require two continuous years immediately before the lodgement date. Instead:
- It looks back three years to the date the nomination is lodged
- Within those three years, there must be at least two years of work for the employer
For example: if the nomination is lodged on 1/6/2026, the Department looks back from 1/6/2023. If you have worked for the employer since 1/3/2024 (two years and three months) → eligible. If you have only worked since 1/9/2024 (under two years) → not yet eligible.
Does Part-Time Count
Part-time work does count, but it must be converted to a full-time equivalent (FTE):
- 20 hours/week × 2 years = 1 year FTE (not enough)
- 30 hours/week × 2 years ≈ 1.5 years FTE (not enough if standard hours are 38 hours)
- Full-time (38 hours+) × 2 years = enough
There is no official rule on how to calculate FTE — the Department assesses case by case, but total hours worked is the basis for the assessment.
Leave and Periods of Absence
Paid leave (annual leave, sick leave, carer’s leave) still counts toward the two years — you are still an employee during that time.
Does not count: long-term unpaid leave (extended unpaid leave). However, short periods (a few weeks unpaid) are usually not a problem.
Maternity/parental leave: usually counts if it is paid leave or protected leave under Australian workplace law.
Does Non-Continuous Work Count
If you have worked for the employer, taken a break in between, then returned, the break period does not count toward the two years. But the total time before and after the break is still added together, as long as it falls within the three-year look-back.
Changing Position With the Same Employer
If you move from position A to position B within the same company:
- The 186 nomination must use the ANZSCO code of the current position (B)
- Time worked in position A is usually still counted if it is with the same employer — but the Department considers whether the positions are “substantially similar”
Employer Changes Structure (Acquisition, Merger)
If the old company is acquired or merged and you continue to work for the new entity:
- Time at the old company may be counted if the new entity is regarded as the same employer (a successor employer)
- This is a complex situation — consult a migration agent
Evidence to Provide
To demonstrate two years of work, you usually need:
- Pay slips
- Tax returns and PAYG summaries
- Employment contracts
- A letter from the employer confirming the start date and position
- Superannuation records