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Exciting news for Short Term Subclass 482 TSS and former and current 457 Visa holders!
The opportunity to apply for permanent residence for all temporary sponsored workers in Australia during the pandemic is finally available.
Newly released legislation allows sponsored workers with an occupation on the Short Term Skilled Occupation List (STSOL) to apply for a Subclass 186 Employer Nominated TRT (Temporary Residence Transition) pathway to permanent residence (PR) if they meet new requirements.
A person with an occupation on the STSOL has been entirely precluded from pursuing PR – until now.
If you’re a Short Term TSS visa holder (or an old 457 visa holder with an occupation on the STSOL), and you’ve been in Australia during COVID time (the key dates above), and want to apply for permanent residence, read on, it may be your lucky day!
There are three different opportunities:
I. Permanent Residence Pathway for Short Term 482 Visa holders
From 1 July 2022, you can apply for a Subclass 186 ENS Temporary Residence Transition (TRT) Stream Visa If you:
- Were present in Australia for at least 12 months between 1 February 2020 and 14 December 2021, and,
- You have held a Subclass 482 Visa in the short term stream for 3 out of the 4 years immediately before your application for a Subclass 186 TRT ENS Visa.
Applications may be lodged from 1 July 2022.
(It doesn’t even say present “lawfully” (but that’s just us being mischievious.))
II. Previous subclass 457 Visa holders, who have become 482 Visa holders
To be successful with this type of application, you must:
- Have held or have been an applicant for a Subclass 457 Visa before 18 April 2017
- Have been present in Australia for at least 12 months between 1 February 2020 and 14 December 2021.
- Hold a Subclass 482 or 457 visa and have worked for your nominating employer for at least 2 years out of the 3 immediately before your Subclass 186 Visa application.
Applications may be lodged anytime.
III Those who held a Subclass 457 after 18 April 2017
To be successful, you must:
- Have applied for and held a Subclass 457 Visa after 18 April 2017, but whose occupation is now on the “wrong” list.
- Have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021
- Have worked for the nominating employer for at least 3 years.
Applications may be lodged from 1 July 2022, and there is no need for the Subclass 186 applicant to have a Subclass 482 to apply if you still have time on your Subclass 457 Visa.
COVID 19 Reduced work Periods or COVID 19 unpaid leave period.
Whether you are a visa holder in category I, II or III above, if you have been subject to a COVID-19 reduced work period or a COVID-19 unpaid leave period, this may be deducted from the time you are required to work for your nominating employer before you can apply for the Subclass 186 TRT Visa.
The reduced work or the unpaid leave period must have occurred during the “COVID-19 Concession Period” (anytime from 1 February 2020 and ongoing)
Find the text of the new legislation here
Don’t want to miss out on an opportunity, but need help trying to sort this all out? Contact us today and book yourself in for a Migration Consultation.
