In response to current working environments and the strong impact that COVID-19 has had on the Australian labour market, the Government has introduced new legislation that will allow certain temporary skilled visa holders to become eligible for permanent residence (PR) in Australia.
This new legislation is relevant for applications under the following Employer-sponsored programs:
- Subclass 186 (Employer Nomination Scheme) visa
- Subclass 187 (Regional Sponsored Migration Scheme) visa
Subclass 186 and 187 visas are permanent residency visas for skilled workers. A professional individual must be nominated by a suitable Australian employer to be eligible for these visas. These visa programs allow applicants to be nominated and apply under several streams for permanent residency, including the ‘Direct Entry’, the ‘Temporary Residence Transition’ or the ‘Labour Agreement’ streams. The new legislation introduced by the Department on 18 March 2022 is applicable only for nominations under the Temporary Residence Transition stream (TRT).
Before introducing this new legislation, to be eligible for nomination under the TRT stream, an applicant had to be the holder of a Subclass 482 (Temporary Skill Shortage) visa in the Medium-term stream. The legislation also allowed specific Subclass 457 (Temporary Work Skilled) visa holders and Subclass 482 visa holders in the Short-term stream to access permanent residency*. The new legislation allows more skilled workers holding subclass 457 visas or subclass 482 visas in the Short-term stream to be nominated and apply for a TRT visa.
* Associated bridging visas were also eligible for nomination.
Pathway to PR
From 1 July 2022 applicants will have access to permanent residency under the TRT visa stream if they are:
- Existing subclass 482 (TSS) visa holders in the short-term stream who were in Australia for at least 12 months between 1 February 2020 and 14 December 2021 and are employed by a suitable Australian employer, will have access to permanent residence.
- Person who, on 18 April 2017, held or had applied for a subclass 457 visa that was subsequently granted.
This new legislation provides a pathway to permanent residency for Subclass 482 visa holders in the short-term stream. In regard to ANZSCO, this is relevant to occupations on the Short-Term Skilled Occupation List (STSOL) as occupations on the Medium & Long-Term Strategic Skills List (MLTSSL), and Regional Occupation List (ROL) are relevant under the Medium-term stream.
This new pathway to permanent residency for visa holders in the Short-term stream is subject to candidates meeting all other nomination and visa criteria. Common requirements include age limitations, licence or registration, and health and character requirements. Nomination requirements are complex, and a detailed assessment of the candidate’s visa history and current circumstances is essential to establish their eligibility for the ENS Subclass 186 visa. A visa candidate must hold a prescribed visa at the time of application. Still, they must have been employed in their nominated position for at least three years unless a concession applies. Other nomination requirements relevant to the genuineness of the position or employment and salary requirements must also be met.
Contact us today for a confidential discussion about your eligibility.
Source to Legislation: Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022
Noemi Gonzalez
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