Subclass 186 TRT & Maternity Leave

Re: Subclass 186 Employer Nominated Scheme (Temporary Residence Transition Stream) Permanent Residency Visa (the Subclass 186 TRT).

One of the requirements for the Subclass 186 TRT is to demonstrate 3 years of work experience with the Sponsor of your Subclass 482 Visa. What happens when you need to take time away from work such as sick leave or maternity leave?

Work Experience Requirements

For the Subclass 186 TRT, you need to show 3 years of work experience whilst on the subclass 482 visa working with your Sponsor.

When calculating your 3-year eligibility period, you need to take into consideration any periods of leave, both paid annual leave, and unpaid leave.

Leave Without Pay

Visa holders may take both paid (e.g. annual leave) or leave without pay (e.g. sick or emergency leave) during your 3-year eligibility period.. However, not all leave can be counted towards your 3-year eligibility period.

If you had any periods of unpaid leave, this is classified by the Department as “Leave Without Pay” which cannot be counted towards your 3-year eligibility period.

Maternity Leave

Some 482 visa holders need to take maternity leave during their 3-year eligibility period. This means time away from employment for an extended period, and can involve both paid and unpaid leave.

Department guidelines state that any unpaid periods of leave cannot be counted towards your 3-year eligibility period.

If you had paid maternity leave, you may be able to count that experience towards your 3 years. However, any unpaid maternity leave is considered “Leave without pay” which cannot be counted. We agree that this policy position is unfair, but it is the policy we must work with none the less.

If you think you are eligible for Permanent Residency, you should obtain your leave records from your employer to calculate when you may be eligible.

Madeleine Joseph Lawyer
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