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Date:
To:
Mr Hashim Khan
12 Greenfield Street
Sydney NSW 2000
Subject: Letter of Advice – Visa Options and Permanent Residency Pathway (Subclass 186)
Dear Hashim,
This letter records the advice provided to Mr Hashim following his recent consultation regarding migration options. The purpose of the advice is to identify the visa subclass most appropriate in his circumstances, outline the relevant legislative requirements under the Migration Regulations 1994 (Cth), and provide guidance on how Mr Hashim may proceed. The advice also addresses the specific questions he raised during the consultation, explains the process for engaging migration assistance services, and provides an estimate of the likely costs involved, including both professional fees and the Department’s visa application charges.
Summary of Current Circumstances
Mr Hashim Masood currently resides in Greenacre, Sydney, and is employed as an Early Childhood Teacher with more than ten years of professional teaching experience in both the United Kingdom and Australia (Marmo et al. 2023). He has been in a de facto relationship with Ms Alice Truss since 10 July 2019. Together, they relocated to Australia in December 2021, when Ms Truss commenced her Master of Social Work studies on a Student (subclass 500) visa. Mr Masood was included as the secondary visa holder. That visa was approved on 5 December 2021 and remained valid until 31 December 2023. During this time, Mr Masood secured employment in the childcare sector and subsequently obtained a Temporary Skill Shortage (subclass 482, Medium-Term stream) visa. This application was lodged on 20 August 2023 and approved on 15 December 2023, with Ms Truss included as a dependent. He holds a positive AITSL skills assessment, NESA teacher registration, and maintains family ties through his son, Omar, who resides in Manchester with his mother.
Relevant Visa Options
The most suitable permanent residence option for Mr Hashim Masood is the Subclass 186 Employer Nomination Scheme (ENS) visa (Baker et al. 2022). This visa allows skilled workers to live and work in Australia permanently if they are nominated by an eligible Australian employer. Because Mr Masood currently holds a Subclass 482 (TSS) medium-term visa as an Early Childhood Teacher, he may qualify for ENS under either the Temporary Residence Transition (TRT) stream or the Direct Entry (DE) stream. He also holds a positive skills assessment from AITSL and is registered with NESA, which supports the DE stream (Yilmaz, 2025).
Under Schedule 2 of the Migration Regulations 1994 (Cth), applicants for Subclass 186 must meet several requirements: they must have an approved employer nomination (reg 5.19), be under 45 years of age at the time of application (unless an exemption applies), demonstrate Competent English, and meet the health and character criteria set out in Schedule 4 (Berg et al. 2023). The TRT stream requires at least two years of work on a 482 visa with the sponsoring employer. The DE stream requires a skills assessment and relevant work experience, which Mr Masood already has.
Schedule 1 sets the valid application requirements, including lodging the correct form, paying the application charge, applying in the correct place and manner, and including all family members at lodgement or before decision. Because Mr Masood turns 45 in November 2025, timing is critical. Lodging through the DE stream before his 45th birthday may be the safer option.
Responses to Specific Questions
1.Transition from 482 to 186 PR ?
Yes. Mr Masood can move from a 482 to a 186 visa. He can apply through the TRT stream (after two years with the same sponsor) or through the DE stream (using his skills assessment and experience). The age requirement (under 45) must be considered carefully (Azeredo, 2025).
2. Can partner Alice be included?
Yes. His de facto partner, Ms Alice Truss, can be included as a secondary applicant. Their relationship began in July 2019 and has already been recognised on past visas. She will need to meet health and character checks, and if she does not have Functional English, a second visa application charge may apply.
3.What about his son, Omar (in the UK)?
Omar can be included if he is considered a dependent child and if custody arrangements and the mother’s consent are proven. Since Omar lives with his mother in the UK, this evidence is crucial. Another option is for Mr Masood to sponsor Omar later under the Subclass 101 Child visa once permanent residency is granted.
4.Conditions and risks.
Main risks are his age limit (he turns 45 in November 2025), the need for a valid and approved employer nomination, continued compliance with his 482 visa conditions until PR is granted, and strong evidence for family members. English and health checks must also be satisfied.
5.Timelines.
Gathering documents and employer nomination may take weeks. Department processing often takes many months. Lodging a DE application before November 2025 is recommended to avoid age issues.
Students exploring Australian visa pathways, employer sponsorship and permanent residency requirements can refer to our Migration Law Assignment Help for further academic guidance.
Costs and Fees
This fee estimate provides Mr Masood with clear visibility of expected costs, separating professional fees from government charges, and ensures transparency before entering the Services Agreement and commencing application work.
Tax Invoice
|
Letterhead Business Name Contact details |
|
Invoice to:
Name of client: Mr Hashim
| Description | Amount | GST |
|---|---|---|
| In accordance with block of work as set out in client agreement | 4,000 | 400 |
| DHA Visa Application Charge – Primary applicant | 4,640 | N/A |
| DHA Visa Application Charge – Secondary adult (partner) | 2,320 | N/A |
| DHA Visa Application Charge – Dependent child (if included) | 1,160 | N/A |
|
Total |
12,120 | 400 |
Next Steps / Instructions
To move forward, Mr Masood will first need to sign a Services Agreement, as required under the Code of Conduct for migration agents (Mendez, 2024). Once this is signed, the professional services can formally commence. The following documents will be required:
- Identification documents (passports, birth certificates for all applicants).
- Employer nomination approval and employment references.
- Evidence of the de facto relationship with Ms Truss (joint bills, lease, statements).
- Custody/consent documents for Omar, if inclusion is sought.
- Updated skills assessment and English language evidence (if requested).
Upon receipt, the application will be prepared and lodged within required timeframes.
In summary, Mr Masood appears well-positioned to transition towards permanent residency through the Employer Nomination Scheme (Subclass 186), provided that age, nomination, and supporting documentation requirements are met in time. His professional skills, experience, and supporting assessments strengthen his eligibility. By preparing and lodging within the appropriate timeframe, particularly prior to his 45th birthday, the risks associated with age limitations can be effectively managed. He is strongly encouraged to move forward with confidence, knowing that professional guidance will be provided throughout the process. For any further clarification, he is invited to contact this office at his earliest convenience.
Thank You,
Reference list
Journal
- Azeredo, R. (2025). Visa journeys and permanent temporariness: navigating welfare state borders and precarious status in Australia. Journal of Ethnic and Migration Studies, 1-21. Retrieved from: https://www.tandfonline.com/doi/pdf/10.1080/1369183X.2025.2492824 [Retrieved on: 06.09.2025]
- Baker, S., Cousins, S., Higgins, C., & Tani, M. (2022). Refugees are a valuable but overlooked economic resource, and it is time to update our approach to migration. Australian Economic Review, 55(2), 273-280. Retrieved from: https://onlinelibrary.wiley.com/doi/pdf/10.1111/1467-8462.12467 [Retrieved on: 06.09.2025]
- Berg, L., Verma, S., & Farbenblum, B. (2023). Submission to the Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Migration Amendment (Strengthening Employer Compliance) Bill 2023 (Cth). Retrieved from: https://opus.lib.uts.edu.au/bitstream/10453/172276/2/Sub18%20%282%29.pdf [Retrieved on: 06.09.2025]
- Marmo, M., Smith, E., & Varnava, A. (2023). Historicising Australian deportation of'suspect and undesirable'migrant communities. International Journal for Crime, Justice and Social Democracy, 12(1), 1-16. Retrieved from: https://search.informit.org/doi/pdf/10.3316/informit.946139346519536 [Retrieved on: 06.09.2025]
- Mendez, I. (2024). Understanding the Experiences of Temporary Post-Study Work Migrants in Australia (Doctoral dissertation, CQUniversity). Retrieved from: https://acquire.cqu.edu.au/articles/thesis/Understanding_the_Experiences_of_Temporary_Post-Study_Work_Migrants_in_Australia/27013156/1/files/49168057.pdf [Retrieved on: 06.09.2025]
- Yilmaz, S. (2025). Do Temporary Skilled Migrants In The Healthcare Sector, Specifically The Nursing Profession, Have Agency Over Their Migration Experience?. Journal of Ethnic and Diversity Studies (JOEDS), 3(1). Retrieved from: https://joeds.com.my/index.php/home/article/download/70/38 [Retrieved on: 06.09.2025]
