PERMANENT RESIDENCE FOR TSS
AND 457 VISA HOLDERS

CHANGES ON JULY 1, 2022

On 18 March 2022, the Government has released legislation to create a permanent residency pathway for 482 Temporary Skills Shortage (TSS) visa holders employed in occupations on the Short-Term Skilled Occupation List (STSOL). This was following the government’s announcement in November 2021. These changes will come into effect on 1 July 2022.

The new instrument creates a pathway to eligible individuals who have remained in Australia through the pandemic.

Subclass 482/TSS Visa – Short-Term Stream

It is for existing TSS (482) visa holders who are currently on the short-term occupation list or on a Bridging Visa which was granted after applying for a Subclass 482 visa

To be eligible you must:

  • Have been employed, in Australia for a minimum 12 months between 1 February 2020 and 14 December 2021
  • At the time of visa application, is employed by a person actively and lawfully operating a business in Australia
  • Have worked in the nominated occupation for three years full time in the four years immediately prior to lodgement. The total period may include Covid-19 reduced work periods

Subclass 457 Visa – Short-Term Stream

The new legislative instrument extends the previous transitional arrangements for specified 457 visa holders. This includes those who, on 18 April 2017, held or applied for a Subclass 457 visa that was subsequently granted.

To be eligible you must:

  • Currently hold a 482 visa (short-term stream) or a Bridging Visa that was granted after applying for a 482 visa
  • Currently work in your nominated occupation for your nominating employer
  • Have worked or will have worked in your nominated occupation on a 457/482 visa for two years full time in the three years immediately prior to lodgement. This may include Covid-19 reduced work period

Those eligible will have access to this pathway from 1 July 2022.

You will have to meet the usual criteria for the Subclass 186 visa through the temporary transition scheme as there has been no additional concessions for English language or age.

From 1 July 2022, subclass 482 holders on the Short-term list (STSOL) will also be able to apply for a third subclass 482 visa onshore without departing Australia, where they:

  • were in Australia as the holder of a subclass 482 visa in the Short-term stream for periods that total at least 12 months between 1 February 2020 and 14 December 2021;
  • and make that further application before 1 July 2023, unless the Minister specifies a later date.

We are very excited for the opportunities this will open to our clients and their employees and we welcome these changes which will hopefully address significant skills shortages in the Australian labour market.

We are in the process of reviewing the relevant regulations and policy.

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