Pathway: Temporary Skill Shortage and Temporary Work (Skilled) visa holders to Permanent Residence

Visa for Temporary Skill Shortage, Subclass 482

With the use of the Temporary Skill Shortage Visa (Subclass 482), Australian firms are able to sponsor a qualified individual to fill a post for which they are unable to find a qualified Australian candidate.

The Short Term Stream, Medium Stream, Labor Agreement Stream, and Subsequent Entrant Stream are the 4 distinct streams under this visa.

This visa allows you to

Work for no more than two years, or four years if an International Trade Obligation (ITO) is in effect. Holders of Hong Kong passports may remain for up to 5 years.
As long as the visa is in effect, you may make as many trips to and from Australia as you choose.
Apply for permanent residency if you are qualified.

People Having to

be nominated to work in one of the short-term skilled vocations that are suitable.
possess at least 2 years of relevant work experience in the field or your chosen profession.
possess a relevant skills evaluation if your profession requires one.
unless you are exempt, work exclusively for your sponsor or a related organization.
meet the requirements for minimal English language competency, unless you are exempt from doing so.

Visa requirements for TSS

Your obligation is to:
employment offers
two years or more of experience in the field
having the sincere aim to fill the post being considered
requirements that are pertinent to the job
adequate health insurance arrangements
meet the requirements for the character, health, and English

Prerequisites for TSS nominations for positions

a legitimate, full-time job
work for the sponsor’s company, unless it’s a related company
not less than $53,900, but in line with market prices as a wage
unless an exemption applies, subject to labor market testing
on the pertinent job lists

Subclass 457 Temporary Work (Skilled) Visa

With the help of the Temporary Work (Skilled) visa (Subclass 457), eligible Australian employers can temporarily sponsor properly skilled foreign individuals to live and work in Australia.

What this visa permits

A temporary residence visa is a Temporary Work (Skilled) visa (Subclass 457). If approved, the holder (and any family members listed in the application) is permitted to:

for as long as the visa is valid (up to four (4) years), remain in Australia.
work for the sponsoring company full-time
Australia-bound and return travel (without restriction)
bring in eligible family members with a dependent visa to Australia (who are able to work and study without restriction).

When submitting an application through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa, eligible holders of historical subclass 457 visas will be able to utilize an age exemption.

In order to qualify for the age exemption, holders of legacy subclass 457 visas must:

possess a category 457 visa as of 18 April 2017 or earlier
having spent at least a year in Australia between 1 February 2020 and 14 December 2021.
satisfy all additional nomination and visa requirements for the ENS visa’s TRT stream.

Beginning on July 1, 2022, the age exemption will be available for two years.

Options for Australian PR to support those with 457 and 482 Visas

The improved access to permanent residency due to these visa amendments will benefit:

Legacy 457 visa holders (Temporary Work Skilled) who no longer meet the age criteria. Current 482 visa holders (Temporary Skill Shortage) in the short-term stream.

Routes to PR for short-term stream skilled professionals who are already employed

Now, regardless of the stream, Australian visa subclass 457 or 482 holders with short-term skilled occupation lists are eligible for permanent residency. option for permanent residency.
Short-term Skilled Occupation List (STSOL) occupations now have access to pathways to permanent residency that were previously solely open to “Medium- and Long-Term Strategic Skill List (MLTSSL)” occupations.
For some 482/457 Visa STSOL holders, there is a PR pathway.

From July 1, 2022, those who meet the following criteria may apply for permanent residency:

Holders of 457 visa:

A person who, as of April 18, 2017, was in possession of a subclass 457 visa or had a 457 visa application that was later approved

Holders of visa 482:

Starting on July 1, 2022, if you hold a subclass 482, have lived in Australia for at least a year (between February 1, 2020, and December 14, 2021), and are now employed by an employer who is actively and legally running a business in Australia.

Regardless of whether their nominated occupation is on the Medium & Long-Term Strategic Skills List (MLTSSL), the Short-term Skilled Occupation List (STSOL), or the Regional Occupation List, this new legislation offers Subclass 482 visa holders in the short-term stream a pathway to permanent residency (ROL).

Applications submitted in accordance with the following Employer-sponsored programs are affected by this new legislation:

Visa for Employer Nomination Scheme, Subclass 186
Regional Sponsored Migration Scheme Subclass 187 Visa

After July 1, 2022, candidates who currently hold a 482 visa in the short-term stream and have worked for their employer for two of the previous three years are eligible to apply for a 186 permanent resident visa.

The replacement for IMMI18/052, which was self-repealed on March 18, 2022, is the Legislative Instrument Migration (Specified Persons and Periods of Time for Regulation 5.19) Instrument (LIN 22/038) 2022.