Immigration Update May 2022

Permanent Residence Pathways for Temporary Skill Shortage (Short-term Stream) and Temporary Work (Skilled) Visa Holder

The federal government announced this week updates to the path to permanent residency for skilled migrant workers. The decision marks the continued efforts to address Australia’s labour shortages and in turn, recognise migrant workers who stayed in Australia during the pandemic. 

These updates involve changes to the Temporary Skill Shortage (TSS) subclass 482 (Short-term stream) and Temporary Work (Skilled) subclass 457 visa holders. For both employers and employees, this update serves to provide additional access to permanent residency paths afforded by the 2022/23 budget.

Temporary Skill Shortage (TSS) visa holders in the short-term stream

As of 1 July 2022, Temporary Skill Shortage (TSS) subclass 482 visa holders in the short-term stream can apply for permanent residence through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa.

This scheme will be eligible for those who have been in Australia for at least one year between 1 February 2020 and 14 December 2021. The applicator will have to meet all other nomination and visa requirements for the TRT stream of the ENS visa. This pathway will be available until July 2024.

These arrangements will apply to Temporary Work (Skilled) subclass 457 visa holders with an occupation on the tech-focused 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 were introduced to address the replacing of the TRT stream for subclass 457 visa holders with the TSS visa and are for those who were seeking a permanent residence pathway through the TRT stream of the ENS. 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

This transition operation, Legacy Temporary Work (Skilled) subclass 457, targets those who no longer meet the age requirement. To be eligible, the individual must have held a subclass 457 visa on or after 18 April 2017 and been in Australia from February 2020 to December 2021 for at least one year. Beyond meeting the other nomination and visa requirements, the age exemption will remain available until July 2024.

Temporary Skill Shortage (TSS) subclass 482 (Short-term stream) visa holders who are unable to apply for a further TSS visa in Australia

Former TSS visa holders can apply for a third short-term stream TSS visa if they stayed and worked in Australia during the COVID-19 pandemic. This decision is intended to assist prospective applicants and ensure they meet nomination requirements for an ENS visa under the TRT stream.

To be eligible, have held not more than two short-term stream TSS visas and hold a substantive or bridging (A, B or C) visa at the time of application. Once again, this is only available for those who remained in Australia between February 2020 and December 2021 for at least one year as a TSS visa holder. 

The third TSS visa will be accessible until 1 July 2022.

Get in touch!

Techvisa can provide personalised migration services for both employers and employees with the most up to date knowledge on visa pathways. If you have any questions on how these updates will impact you, please get in touch with the Techvisa team.

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