UPDATE 06/11/23 – New updates around changes to Permanent Residency pathways for ALL 482 visa holders. FULL ARTICLE HERE
This week, the Minister of Immigration announced pathways to permanent residency for 482 or 457 visa holders. These changes provide support for employers and employees navigating the workforce shortages and permanent residency post-Covid.
The new legislative changes have sought to offer additional residency pathways for visa holders who remained in Australia during the pandemic for at least 12 months, from 1 February 2020 to 14 December 2021. These changes serve to recognise highly skilled migrant workers who have remained in Australia with a pathway to citizenship & permanent residency.
Starting as soon as July 2022, these updates have been applied to subclass 457 visas extending back to 17 April 2017.
Key ICT Occupation to Benefit for Immigration Legislation
Occupations nominated by the STSOL will benefit from this update, ranging from advertising manager to hardware technician. This represents a major opportunity for the ICT sector, recognising employees who have worked for the same employers on a sponsored 457/482/TSS visa for a minimum of 3 years prior to lodgement.
We can provide support in determining which occupations benefit from this update per short-term skilled labour guidelines.
482 Visa Holders FAQs
If I have been with my employer for three years already, will I be eligible for the PR pathway?
If you have held a primary 482 visa, worked for your nominating employer for at least 3 years and met the 12-month stay requirement, you will be eligible to apply from 1st July 2022.
What is defined as the 12-month stay requirement?
The 12-month stay requirement determines eligibility by recognising employees who have remained in Australia for cumulatively 12 months within the period of 1st Feb 2020 to 14th December 2021.
Am I eligible for these updates if I have switched my position with a different ANZSCO code but still remained sponsored by the same employer for three years?
At this stage, Techvisa cannot be certain as to how this specific scenario will unfold as legislation is being announced and yet to be finalised. However, if you have moved from a short term occupation to a medium to long term occupation, you will need to clock up 3 years of work as a primary 482 visa holder in the medium to long term occupation before you are eligible for PR through this pathway.
If I was stood down or experienced reduced hours due to the pandemic, will it affect my eligibility?
Mindful of this reality, the Department of Home Affairs has included concessions to allow for this within the three years of sponsored employment.
I transferred my 482 to a new employer. Does it reset the 3-year requirement?
Yes – you must work for your new sponsoring employers as a primary holder for at least three years before you are eligible for these changes.
Can you lodge a bridging visa status if you still have a visa pending?
Yes, if in Australia at the time of lodgement, you must hold a Subclass 482 visa, a Bridging Visa A, B or C.
Get in touch!
Document preparation can begin now & applications can be lodged from 1st July. Techvisa can provide personalised migration services for both employers and employees. Simply contact us today to get the process started and take advantage of these updates.
