Short Term Temporary Skills Shortage (TSS) Visa Upcoming Changes

Short Term Temporary Skills Shortage (TSS) Visa Upcoming Changes

“Eligible skilled workers, already in Australia, will continue to support local businesses facing critical shortages, particularly in health, hospitality, and our regions.”
Minister Alex Hawke

Due to extensive labour demand and the decrease in the numbers of temporary visa holders throughout the year of 2021 because of Covid-19 Pandemic, The Australian Government on the 25th of November 2021, announced new measures that will take place to ease the process of getting a permanent residence for certain 482 and 457 visa holders. Since then, these measures have been seriously considered and are now a part of formal legislation.

The change was officially introduced on the 18th of March 2022, as an official agreed legislation. With this legislation, eligible short -term TSS Subclass 482 visa holders and eligible 457 visa Holders can have the opportunity to apply for the Temporary Residence Transition Stream – 186 visas – Permanent Residency after 1st of July 2022.

Who can enjoy these upcoming changes?

The new legislation is implemented to benefit skilled workers who stayed in Australia during the hard times of Covid-19 Pandemic to encourage them to permanently stay in Australia by having an official pathway to apply for Permanent Residence.

These upcoming Visa Changes will benefit the following categories:

Existing 482 Temporary Shortage Visa Holders who were under the short-term stream
457 Temporary Work Skilled Visa Holders who no longer meet the maximum age limit of 45 years to apply for a PR

Under this new legislation that comes into place after 1st of July 2022, eligible short-term TSS 482 Visa Holders and 457 Visa Holders can apply for 186 ENS Permanent Visa.

Right now, in Australia, we have more than 22.000 Temporary Skills Shortages and 457 Visa Holders who can enjoy the great benefits of having the option and pathway to try and apply for their Permanent Residence. Having a number this high and giving these visa holders the chance to stay in Australia by becoming Permanent Residents, will benefit the economic recovery of Australia, as most of the short-term TSS 482 visa holders are employed in some of our most critical sectors.

“This recognises the economic value-add of these critical workers and retaining them will greatly assist in Australia’s economic recovery” – said the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs – Alex Hawke.

Moreover, having the measures turn into a formal legislation means that Australia is aware and recognises the efforts and high contribution of each Short Term TSS Visa Holder who stayed throughout some of the hardest times in the past 2 years during Covid-19 Pandemic in Australia.

The Pathway from 482 and 457 Visa to Permanent Residency

With the new legislation, to apply for Temporary Residence Transition stream 186 visas or greatly known as Permanent residency, Short-term 482 Visa Holders and Legacy 457 Visa Holders need to meet certain requirements in order to be eligible to apply for their PR.

STSOL 482 Visa Holders to PR

482 Visa Holders which occupation is on the Short-Term Skilled Occupation List can apply for Permanent Residence after the 1st of July 2022 if:

The Visa Holder was in Australia for a cumulative total of at least 12 months between the period of 1st of February 2020 and 14th of December 2021

The Visa Holder is employed in his nominated occupation by an eligible and suitable nominated Australian Employer who is lawfully carrying a business in Australia

The visa Holder holds a valid TSS 482 Short-Term stream Visa in the nominated occupation under their nominated employer at the time of the application.
The Visa Holder has worked in his nominated occupation for at least 3 years full time for his nominated employer in the preceding 4 years.

Based on this legislation If a Short-Term TSS Visa Holder meet these requirements – the visa holder is eligible to apply for Permanent Residency after the 1st of July 2022.

PR Pathway for 457 Visa Holders

457 Visa Holders also must meet certain requirements to be eligible to apply for their Permanent Residence after 1st of July 2022. Moreover, there are 2 categories of 457 visa holders with different eligibility requirements.

Previous 457 Visa Holders who are now 482 Visa Holders

To benefit from the new legislation, this category of 457 Visa Holders must:

  • The visa holder must have held a 457 visa before 18th of April 2017.
  • The visa holder must have been in Australia for at least 12 months between 1st of February 2020 and 14th December 2021.
  • The visa holder must hold a valid 482 visa at the time of application
  • The visa holder must have been working for his nominated Employer in his nominated occupation for at least 2 years out of 3 immediately before his PR Application
  • Skilled workers who held 457 Visa after 18th of April 2017

To be able to apply for PR, this category must:
The visa holder must have been present in Australia for at least 12 months between 1st of February 2020 and 14th December 2021

The visa holder has applied or has held 457 visa after the 18th of April 2017 with occupation now being on the Short Term Skilled Occupations List.

The visa holder has worked for his nominated employer on his nominated occupation for at least 3 years before the PR Application.

For both Short Term 482 Visa holders and 457 Visa Holders the following requirements apply:

  • English-language competency
  • Good Character Requirements
  • Health Requirements

The new legislation is relevant and valid for application under the Employer-sponsored Programs including Subclass 186 (Employer Nomination Scheme) visa and Subclass 187 (Regional Sponsored Migration Scheme) Visa.

With this new legislation in place, for many skilled workers on short-term 482 visas who thought that they don’t have the chance to apply for Permanent Residence in Australia now, there is a pathway. What’s plus, Short Term 482 visa Holders and Eligible 457 Visa

Holders can now apply for their Permanent Residence much sooner than they thought depending on their eligibility and the implemented requirements.

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