I am constantly asked by those holding old 457 or the new 482 about how can I get “PR”. So in this piece we will try to answer that question.
The Temporary Skilled Shortage (TSS) subclass 482 visa was created in 2018 (replacing the subclass 457 visa), resulting in the short-term occupation list (STSOL) being established. The STSOL allowed businesses to sponsor applicants for up to four years, however, they were not eligible for permanent residence via the Employer Nominated Scheme (ENS), subclass 186.
In November 2021, it was announced:
- existing Temporary Skill Shortage (subclass 482) visa holders in the short-term stream; and
- legacy Temporary Work Skilled (subclass 457) visa holders who no longer meet the age requirement.
And on 18 March 2022, new legislative provisions creating permanent residence pathways for previously excluded applicants.
These changes of March 2018 severely impacted many applicants (and their employers) sponsored on a 482 visa in a short-term stream occupation. Those that had spent up to four years living, working and contributing to the Australian economy now had limited options to transition to permanent residence after a brief period on their temporary work visa.
As of 1 July 2022, employers can nominate sponsored 482 TSS workers in short-term occupations for the ENS TRT stream if the applicant:
- was in Australia for at least 12 months between 1 February 2020 and 14 December 2021;
- at the time of application, is employed by a person actively and lawfully operating a business in Australia; and
- has been employed in the nominated position with the same employer for at least three years; less if the COVID-19 unpaid leave period or COVID-19 reduced work period is determined.
- NB. Periods of unpaid leave will not count to the three-year requirement.
Applicants still need to be under 45 years of age at time of application, unless they can claim an age exemption.
NB, those who held a 457 visa on or after 18 April 2017 and were in Australia for at least 12 months between 1 February 2020 and 14 December 2021, will be exempt from the age requirement.
Grandfathering 457 visa – Pre 18 April 2017
The 457 visa was abolished in 2018, the department implemented a range of transitional arrangements to ensure 457 visa holders could still access permanent residency.
These transitional arrangements were in effect for grandfathered 457 visa holders from 18 March 2018 to 18 March 2022. Grandfathered 457 visa holders are those that:
- held a 457 visa before 18 April 2017; or
- applied for a 457 visa before this date, with the visa subsequently being granted.
From 18 March 2022, this new legislation was introduced to keep these transitional arrangements in place.
Consequently to apply for permanent residency, the 457 visa holder must have:
- held or applied for a 457 visa before 18 April 2017, with the visa subsequently being granted; and
- been employed in the nominated position with the same employer for at least two years; less if the COVID-19 unpaid leave period or COVID-19 reduced work period is determined. Periods of unpaid leave will not count to the two-year requirement.
So if you, or someone you know is a holder of a 482 or 457 visa and thinking of applying PR. OR has had a 457/482 or an ENS “work” visa nomination refused talk to us.
Additionally if you or anyone you know has an Australian Visa refused, rejected or cancelled due to police history or character grounds contact us to discuss your Appeal or Review options.
Remember TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: Master Migration Lawyer.
Call 03 9614 0218 or email firstname.lastname@example.org to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page