Employer Sponsored Permanent Residency Reforms expected from 25 November 2023 – PR Pathways for existing skilled workers on TSS 482 Visa short term stream

TSS Visa to Permanent Residency

The Department of Home Affairs has set 25 November 2023 for implementing changes to the employer-sponsored permanent residency program.

Once the ENS reforms have been implemented, short-term Temporary Skill Shortage (TSS) 482 Visa holders will gain access to permanent residency under the 186 Temporary Residence Transition Stream (TRTS) of the ENS visa program.

All Temporary Skill Shortage (TSS) SC 482 visa holders will be eligible for ENS visas sponsored by their employers.
Applicants will need to continue to work in the occupation nominated for their TSS visa(s).
Sponsored visa holders will be eligible for ENS TRT after two years (down from three years) of sponsorship on a TSS by their employer.
Applicants will need to meet all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa.
The limit on Short Term stream TSS visa applications that can be made onshore has also been removed in the interim.

PR pathway for specified 482/457 Visa STSOL holders

From 1 July 2022 applicants can apply for permanent residency if they are:

457 visa holders:

(1) A person who on 18 April 2017 held a subclass 457 visa or had a pending 457 visa application that was subsequently granted

482 visa holders:

(2) Commencing 1 July 2022 if you are a subclass 482 holder and
if you have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
at the time of application, you are employed by an employer actively and lawfully operating a business in Australia.

This new legislation provides a pathway to permanent residency for Subclass 482 visa holders in the short-term stream, 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 (ROL).

This new legislation is relevant for applications under the following Employer-sponsored programs:

According to the changes, if the applicants have worked for their employer for two of the last three years while holding a 482 visa in the short-term stream, after 1 July 2022, they can apply for 186 permanent residency visas.

Legislative Instrument Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022 replaces IMMI18/052 which was self-repealed on 18 March 2022.

This new Instrument provides a pathway to employer sponsored permanent residency for an additional cohort of SC457/482 visa holders through the Temporary Residence Transition stream of the employer nominated/sponsored schemes as announced by Minister Hawke on 25 November 2021.

After 30 June 2022 a new cohort of ‘specified persons’ will be eligible to be nominated under the TRT stream of the SC 186 and in some cases the RSMSSC 187.

 It’s important to note that immigration regulations can change over time, so it’s always best to consult with an Immigration Lawyer or a registered migration agent for the most up-to-date and accurate information regarding visa requirements and exemptions. 

Please call our office on 02 9286 8700 or email: ppmail@ppilaw.com.au 

Parish Patience Immigration Lawyers is here to assist if you wish to move to Australia as a skilled worker and require professional advice. 

Book a Consultation for Expert Advice on Skilled Visa 

Expanding Access to the TRT Stream of SC 186 Visa – Latest Update 2023