New Permanent Residency pathway for specified subclass 482 and subclass 457 visa holders with Short Term Skilled occupations

From 18 March 2022, a new employer-sponsored permanent residency was announced for subclass 457/482 visa holders through the Temporary Residence Transition (‘TRT’) stream.

This option may be primarily considered for subclass 457/482 visa holders with Short-term Skilled Occupation List (‘STSOL’) occupations who have already applied onshore for two temporary visas i.e., subclass 482 or other visas such as subclass 408 COVID visas.

From 30 June 2022, ‘specified persons’ will be eligible to be nominated under the TRT stream for an additional pathway to permanent residency via either a subclass 186 or 187 visa options. To be a specified person, you must either be:

On 18 April 2017:

• • a person holding a subclass 457 visa; or
  • was a subclass 457 applicant that was subsequently granted.

OR

On 1 July 2022:

• • a person who holds a subclass 482 visa in the STSOL stream
  • have been in Australia for at least 12 months (cumulatively) between 1 February 2020 and 14 December 2021; and
  • at the time of application, is employed by a person actively and lawfully operating a business in Australia.

• Required period of skilled occupation employment

  The period of time a visa holder must work for the employer to be eligible for TRT is specified as 3 years in 4 years (or 2 years in 3 years in some instances). Note that there are allowances for COVID-19 reduced work periods between 1 February 2020 and ending on a day yet to be specified by the Minister. The concession period is where the visa holder was not employed in the nominated position on a full-time basis, or was on unpaid leave from that employment as a result of the COVID-19 pandemic but would usually have been working full time, if not for COVID.

  Why has the change for skilled occupation come about?

  The change has come about 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 for certain subclass 482 and subclass 457 visa holders. More skilled workers holding subclass 457 visas or subclass 482 visas will now be able to be nominated and apply for a TRT visa to address shortages.

  What if I have an existing matter in the AAT?

  The former provisions will support the processing of ongoing cases under review at the Administrative Appeals Tribunal (‘AAT’). These cases concern the cohort of specified persons who have been nominated for a TRT visa. If the AAT is unlikely to have made a final decision on these cases by 18 March 2022 (the date of the change); the new instrument will have a beneficial retrospective effect on those whose nomination applications are awaiting a final decision from the AAT.

  Process to apply – skilled occupation requirements

  The employer will need to make an application for an eligible visa holder to be nominated for a position in Australia and, once that application is approved, the visa holder may subsequently apply for a subclass 186 or subclass 187 visa under the TRT stream.

  If our team can be of any assistance to you, or if you would like to discuss your visa options with one of our team members, please do not hesitate to call us on 1300 245 756 or submit an online enquiry today.