Short Term SC482 TSS and Current SC457 Visa Holders Get Access to Permanent Residency

In response to the strong labour demand and the declining number of temporary visa holders in 2021 due to the COVID-19 pandemic, on 25 November 2021 the Australian Government announced that measures will be introduced to improve access to permanent residence (PR) for certain holders of Subclass 482 (Temporary Skill Shortage) visas (subclass 482 visa) (482) and Subclass 457 (Temporary Work (Skilled)) visas (subclass 457 visa) (457). These measures have now been formally enacted into legislation.

Workers with an occupation on the Short-Term Skilled Occupation List (STSOL) can apply for a Subclass 186 Employer Nominated TRT (Temporary Residence Transition) (TRT) or Subclass 187 (Regional Sponsored Migration Scheme) (RSMS), if they meet newly released requirements.

Until now, a worker with an occupation on the STSOL had been, in most cases, excluded from pursuing PR.

STSOL 482 visa holders (or 457 visa holders with an occupation on the STSOL) who’ve been in Australia during the COVID-19 pandemic (1 February 2020 – 14 December 2021), have been presented a pathway to PR. There are three (3) classes of persons specified in new legislative instrument:

1. STSOL 482 visa holders

From 1 July 2022, you can apply for a TRT Stream Visa If you:

• were present in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
• held a STSOL 482 visa in for 3 out of the 4 years immediately before your application for a TRT or RSMS.

2. Previous 457 Visa holders, who have become 482 Visa holders

This application may be lodged anytime. To be eligible, you must:

• have held or have been an applicant for a 457 visa before 18 April 2017;
• have been present in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
• hold a 482 or 457 visa and have worked for your nominating employer for at least 2 years out of the 3 immediately before your application for a TRT or RSMS.

3. Those who held a 457 after 18 April 2017

To be eligible, you must:

• have applied for and held a 457 visa after 18 April 2017, but whose occupation is now on the STSOL;
• have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
• have worked for the nominating employer for at least 3 years before your application for a TRT or RSMS.

This is a wonderful opportunity for those visa holders mentioned above to realise their dream of PR much sooner than they may have imagined.

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