Some good news for existing 482 visa and legacy 457 visa holders employed in the occupations on the short term skilled occupations list (STSOL) 

On 18 March 2022, the Department implemented legislative changes to the Temporary Skills Shortage (TSS) visa.

From 1 July 2022, existing 482 TSS visa holders in the short-term (STSOL) occupation stream will be able to apply for permanent residence through the Temporary Residence Transition (TRT) stream of the Subclass 186 Employer Nomination Scheme (ENS) visa.

To be eligible to apply as a short-term stream TSS visa holder, applicants must have been in Australia between 1 February 2020 and 14 December 2021 for at least one year. Applicants must meet all other nomination and visa requirements for the TRT stream of the ENS visa. The pathway will be accessible for two years from its commencement on 1 July 2022.

The above arrangements also apply to legacy subclass 457 visa holders on the Short-term Skilled Occupation List (STSOL). This complements the pathway to permanent residency for TSS visa holders in the short-term stream by allowing eligible subclass 457 visa holders to apply for the TRT stream of the ENS without first applying for a 482 TSS visa.

Transitional arrangements for subclass 457 visa holders seeking permanent residency through the TRT stream of the ENS were introduced with the announcement of the TSS visa. The transitional arrangements were due to end on 18 March 2022 but have been preserved and will continue to be accessible past 18 March 2022.  The relevant Procedural Instruction for Regulation 5.19, relating to employer nominations, is currently undergoing review and will be updated with this information for intended publication by 1 July 2022.

In summary, who qualifies for this?

482/TSS Visa – Short-Term Stream Visa holders 

• For existing TSS (482) visa holders who are currently on the short-term occupation list or on a Bridging Visa, which was granted after applying for a Subclass 482 visa
• Have worked in the nominated occupation for three years full time in the four years immediately before lodgement. The total period may include Covid-19 reduced work periods
• Have been employed in Australia for a minimum of 12 months between 1 February 2020 and 14 December 2021
• Employed by a person/business actively at the time of applying for subclass 482 who is lawfully operating a business in Australia

 457 Visa – Short-Term Stream

• 457 visa holders who, on 18 April 2017, held or applied for a Subclass 457 visa that was subsequently granted.
• Currently have a 482 visa (short-term stream) or a Bridging Visa that was granted after applying for a 482 visa
• Currently, work in your nominated occupation for your nominating employer
• Have worked or will have worked in your nominated occupation on a 457/482 visa for two years full time in the three years immediately before lodgement. This may include Covid-19 reduced work period

All applicants will have to meet the usual criteria for the Subclass 186 Visa, which is the pathway to permanent residence unless there is further concession applicable for age.

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