PERMANENT RESIDENCY FOR TSS 482 SHORT-TERM VISA HOLDERS – INCLUDING 457 VISA AGE EXEMPTION

Changes to the 186 visa options for TSS 482 visa holders in the short-term stream have been published 18 Mar 2022 which should help quite a few applicants who have stayed in Australia during the pandemic. Unlike Medium-Term TSS 482, which has its own PR pathway to 186 visas, the short-term stream has been specifically designed to have no direct pathway to permanent residency, to reinforce its “short” term. https://www.arlaw.com.au/corporate-migration/sponsored-worker-visas/   The new change allows access to the Temporary Residence Transition stream of the ENS 186 visa from 1st July 2022 for short-term stream TSS 482 visa holders who:

  • Spent a (cumulative) period of 12 months or more in Australia between 1 Feb 2020 and 14 Dec 2021
  • Employed by a suitable employer in Australia at the time of application, meaning hold a TSS 482 Visa at the time of application

These changes improve the situation for a large number of TSS 482 visa holders in the short-term stream, who may have been working towards permanent residency under programs, or expecting to need to return home. We hope this will help Australia to capture some skills shortages for the long term.

Eligible for this new change of TSS 482 Short Term Visa to PR.

This new visa 482 change does not apply to all TSS 482 Short-Term Visa holders, especially applicants who just got their 482 visas granted and came to Australia after the border was open. If you were in Australia for a period of at least 12 months between 1 Feb 2020 and 14 Dec 2021, are employed by a suitable Australian employer, and currently have a short-term stream of 482 visas, these changes may allow you to apply for permanent residency through the 186 visas under the Temporary Residency Transition stream.

This new PR pathway for TSS 482 Visa will begin 1 July 22

These changes will begin on 1 July 2022, allowing relevant short-term stream 482 visa holders who have met all the requirements to apply for permanent residency (Temporary Residency Transition stream 186 Visa). This means that anyone who meets the eligibility and will be holding TSS 482 Visa after the date can get access to the stream.        

Criteria

You will still be eligible for the Temporary Residence Transition stream to 186 visas because they only said that:

  • When you apply, you are holding a TSS 482 visa in the Short-Term Stream
  • For a period of at least 12 months between 1 Feb 2020 and 14 Dec 2021, you were in Australia

It does not mention any requirements related to employment status or visa subclass applicants were holding during the period of at least 12 months between 1 Feb 2020 and 14 Dec 2021.

The Government has indicated this pathway will only be available for 2 years, being until 1 July 2024, so it is unlikely to be suitable for those who held a non-482 visa during the pandemic.

Most applicants looking to take advantage of these new changes will need to work 3 years in Australia on a 482 visa.

There is a concession down to 2 years for those who held (or had applied for) a 457 visa on 18 April 2017.

NB: This scheme is of no assistance to those over 45 years.

No, unfortunately this new change of TSS Short Term 482 visa to Permanent residency does not make any changes to the age requirements for the 186 and 187 visas. It is still under 45, unless an existing exemption is met, such as the Fair Work High Income threshold or the regional medical practice exemptions.

This is despite many having hopes of new age concessions, after the media release stated that the changes would “improve access to permanent residence for… (subclass 457) visa holders who no longer meet the age requirement.”

However there is a new age exemption for Legacy 457 workers

The government has introduced LIN 19/216 to bring in a new age exemption for the 186 visa’s temporary residence transition stream.

This is a fantastic development for a group of people who have been unable to meet the 186 Temporary Residence Transition stream requirements because of their age.

Legacy 457 worker

This is someone who

  1. held a 457 visa on or after 18 April 2017, and
  2. was in Australia for at least 12 months between 1 Feb 2020 and 14 December 2021

These are likely to be people who have been in Australia for a while working for Australian businesses and along the way may no longer meet the age requirements for 186.

This change gives them a pathway to permanent residency.

The age exemption.

This is a full age exemption.

There is no upper limit for 186 Temporary Residence Transition for people who fit within the definition Legacy 457 worker.

So if you or anyone you know holds an Australian TSS 482 visa and what’s to apply for PR talk to us. Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer. Book a consultation

Book a Consultation

Call 03 9614 0218 or email info@arlaw.com.au 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