The Temporary Skilled Shortage (TSS) subclass 482 visa was introduced in 2018 (replacing the subclass 457 visa). Accordingly, this resulted in establishing the short-term occupation list (STSOL). The STSOL allowed businesses to sponsor applicants for up to four years. However, applicants were not eligible for permanent residence via the Employer Nominated Scheme (ENS), subclass 186.
In November 2021, the Australian Government announced its intention to improve access to permanent residence for:
- existing Temporary Skill Shortage (subclass 482) visa holders in the short-term stream; and
- legacy Temporary Work Skilled (subclass 457) visa holders who no longer meet the age requirement.
On 18 March 2022, the Government introduced new legislative provisions creating permanent residence pathways for previously excluded applicants.
In addition, the Government recently introduced an additional change allowing TSS visa holders with an occupation on the Regional Occupation List (ROL) to access the ENS pathway now.
This article will examine the permanent residence pathways via the subclass 186 temporary residence transition (TRT) stream, positively impacting current 457 and 482 visa holders, including those who are regional and those who supported Australian businesses during the COVID-19 pandemic.
482 Visa Holders Nominated in the STSOL
The March 2018 changes severely impacted many applicants (and their employers) sponsored on a 482 visa in a short-term stream occupation. Those that had spent up to four years living, working and contributing to the Australian economy now had limited options to transition to permanent residence after a brief period on their temporary work visa.
Recent Changes to 482 Visa Legislation
From 1 July 2022, employers can nominate sponsored 482 TSS workers in short-term occupations for the ENS TRT stream if the applicant:
- was in Australia for at least 12 months between 1 February 2020 and 14 December 2021;
- Note: the legislative instruments do not specify the applicant’s requirement to have held a 482 visa during this period so that the applicant could have held any visa.
- at the time of application, works for a person actively and lawfully operating a business in Australia; and
- has been employed in the nominated position with the same employer for at least three years (less if the COVID-19 unpaid leave period or COVID-19 reduced work period is determined. Periods of unpaid leave will not count to the three-year requirement)
Applicants still need to be under 45 years of age when applying for a visa. In some cases, however, they can claim an age exemption.
However, those who held a 457 visa on or after 18 April 2017 and were in Australia for at least 12 months between 1 February 2020 and 14 December 2021 will be exempt from the age requirement.
457 Visa Holders Pre 18 April 2017
The Australian Government implemented transitional arrangements after abolishing the 457 visas in 2018. These aimed to ensure 457 visa holders could still access permanent residency.
The transitional arrangements were in effect for grandfathered 457 visa holders from 18 March 2018 to 18 March 2022. Grandfathered 457 visa holders are those who:
- held a 457 visa before 18 April 2017; or
- applied for a 457 visa before this date, with the visa subsequently being granted.
18 April 2017 Changes to 457 Visa Legislation
The government introduced new legislation on 18 March 2022 to keep these transitional arrangements in place. To apply for permanent residency, the 457 visa holder must have the following:
- held or applied for a 457 visa before 18 April 2017, with a subsequently granted visa; and
- worked in the nominated position with the same employer for at least two years (less if the visa authority determines the COVID-19 unpaid leave period or COVID-19 reduced work period. Periods of unpaid leave will not count to the two-year requirement).
457 Visa Holders Post 18 April 2017
The recent change in law also captures those who:
- after 18 April 2017 applied for and received a subclass 457 visa;
- have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
- at the time of application, are employed by someone actively and lawfully operating a business in Australia.
This covers subclass 457 visa holders who:
- could not access transitional arrangements (as opposed to 457 visa holders pre-18 April 2017); and
- hold an occupation that is not on the medium-term stream.
482 Visa Holders on the ‘Regional Occupation List’
The Government recently introduced another pathway to the Employer Nomination Scheme (subclass 186) (TRT stream) for all TSS visa holders with an occupation on the Regional Occupation List (ROL). The Department has announced that this pathway is available now for eligible persons.
However, applicants with an occupation on the ROL will still need to meet standard criteria for the TRT stream, including (but not limited to):
- being nominated by an Australian employer (with approval);
- having worked for that employer full-time for 3 years while holding the TSS visa;
- having the required skills, qualifications, and registrations required where applicable;
- being under 45 years old at the time of application (unless exempt); and
- meeting Competent English requirements.
This pathway is said to be available for 2 years from 1 July 2022. However, the Government will decide whether to continue or close this pathway from 1 July 2024.
Key Takeaways
These welcome changes and improvements to the TSS 482 scheme beneficially impact many temporary visa holders and Australian employers. The changes demonstrate that the Australian Government is heeding the Australian community’s concerns. Further, they recognise the significant contribution of:
- 457 and 482 visa holders (short-term stream particularly) to the economy during the COVID-19 pandemic and;
- 457 and 482 visa holders (regional stream) to Australia’s regional businesses and communities.
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Frequently Asked Questions
This list summarises the occupations for which there is a gap in the labour market. The Australian government intends to encourage employers to sponsor skilled migrants from overseas to work in these fields in Australia.
The 482 visa, or Temporary Skill Shortage visa, lets an employer sponsor a skilled worker from overseas to fill a position in Australia where they cannot source an Australian worker with the right skills and experience to fill the role.
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