21 Apr 2022 Home Affairs Immigration News Update
Permanent residence pathways for Temporary Skill Shortage (Short-term stream) and Temporary Work (Skilled) visa holders
From 1 July 2022 there will be changes to improve access to permanent residence for skilled migrant workers who chose to stay in Australia during the pandemic.
These arrangements extend to Temporary Skill Shortage (TSS) subclass 482 (Short-term stream) and Temporary Work (Skilled) subclass 457 visa holders.
Temporary Skill Shortage (TSS) visa holders in the short-term stream
Temporary Skill Shortage (TSS) subclass 482 visa holders in the short-term stream will be able to apply for permanent residence through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa.
To be eligible TSS visa holders must:
- have been in Australia for at least one year between 1 February 2020 and 14 December 2021.
- meet all other nomination and visa requirements for the TRT stream of the ENS visa.
This pathway will be available for two years from 1 July 2022.
These arrangements also apply to Temporary Work (Skilled) subclass 457 visa holders with an occupation on the Short-term Skilled Occupation List (STSOL). This will allow eligible subclass 457 visa holders to apply for the TRT stream of the ENS without first applying for a TSS visa.
Transitional arrangements for subclass 457 visa holders seeking a permanent residence pathway through the TRT stream of the ENS came into effect when the subclass 457 visa was replaced by the TSS visa. These transitional arrangements were due to end on 18 March 2022 but will continue to be available, to be reviewed within two years.
Legacy Temporary Work (Skilled) subclass 457 visa holders who no longer meet the age requirement
Eligible legacy subclass 457 visa holders will be able to access an age exemption when applying through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa.
To be eligible for the age exemption legacy subclass 457 visa holders must:
- have held a subclass 457 visa on or after 18 April 2017.
- have been in Australia between 1 February 2020 and 14 December 2021 for at least one year.
- meet all other nomination and visa requirements for the TRT stream of the ENS visa.
The age exemption will be accessible for two years from 1 July 2022.
Temporary Skill Shortage (TSS) subclass 482 (Short-term stream) visa holders who are unable to apply for a further TSS visa in Australia
Eligible former TSS visa holders, who have worked in Australia during the COVID-19 pandemic, will be also able to apply for a third short-term stream TSS visa while in Australia. This will assist prospective applicants to remain in Australia and meet nomination requirements for an ENS visa under the TRT stream.
To be eligible applicants must:
- have held not more than two short-term stream TSS visas.
- have been in Australia between 1 February 2020 and 14 December 2021 for at least one year while holding a TSS (Short-term stream) visa.
- meet all other nomination and visa requirements for the TSS (Short-term stream) visa.
To apply for a TSS visa applicants must hold a substantive or bridging (A, B or C) visa at the time of application.
The third TSS visa will be accessible for one year from 1 July 2022.