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

This article is regularly updated. The last update is on 08/04/2022.

482 Short-Term to PR 186 Visa - New changes for Visa 482 2022

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.

Read more about the current difference between the short-term TSS 482 and the medium-term TSS Visa 482 here >

However, these changes are an acknowledgment of the contributions of TSS 482 visa holders to the Australian economy during the pandemic.

Permanent Residency Requirement for TSS 482 Short-Term Visa Holders 2022

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.

Popular Short Term Skilled Occupations For The New Visa 482 Changes 2022

Accommodation and Hospitality manager (141999 - ANZSCO) - VETASSESS (Other hospitality occupations such as Cafe and Restaurant Manager)

With the forecasted booming in Tourist industry following the event of Border Opening in Australia on 21 February 2022,Hospitality industry will face a shortage in skilled workers especially Management roles.

Cook/ Baker

Chef and Cook are always in demand in Australia, however, only cook and baker are listed in Short Term Skilled Occupation list which means there was no pathway for Cook who were holding TSS 482 Visa. Good news, now you might be eligible for the new changes which gives you access to Temporary Residency Transition 186 Visa (Permanent Residency)

Professional Occupations ( Finance Broker, Marketing/Advertising Specialist, Graphic designer..)

You are now eligible for a PR pathway to 186 visa if you meets all the criteria above.

This could open a new PR pathway for business related students and workers who were in Australia during the pandemic, especially for those in big cities who easily get access to big companies and willing to sponsor them.

Talk to our Immigration Lawyer for your best advice >

ICT Occupations (ICT Sales Representative, ICT Customer Support Officer, ICT Support Engineer...)

Good news for ICT related professionals, you may be eligible for the new pathway to PR if you will be holding a TSS 482 Visa after 1 July 2022 and you were in Australia during the pandemic covid-19 (1 February 2020 to 14 December 2021)

There are many more occupations listed in the Short Term Skilled Occupation list which are also available for TSS 482 Visa.

Talk to us to assess your eligibility for the new change in Visa 482 to PR 2022 >

FAQ (Frequently Asked Questions) Visa 482 new changes in 2022

Are you 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.

Talk to our Immigration lawyer for the best advice >


When will this new PR pathway for TSS 482 Visa start?

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.


If I hold another visa during the period and not working in my current occupation in my TSS 482?

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.


How long do I have to work for a 482 or 457 visa to qualify for the Temporary Residence Transition stream (Permanent residency)?

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.


What if I worked reduced hours or unpaid leave during covid?

Other amendments in the instrument mean that if you worked reduced hours during the pandemic and because of the pandemic (ie starting 1 Feb 2020 ongoing), this period of reduced hours does not delay your eligibility for Temporary Residence Transition stream.

However, if you took periods of unpaid leave outside your ordinary entitlements that were not caused by the pandemic, even if it was during the pandemic, this will still delay Temporary Residence Transition stream eligibility.

Visa holders will have the period of covid-19 reduced work and covid-19 unpaid leave waived when apply for the TRT 186 visas. Any other leave or reduced work which were not affected by covid-19 will not be exempted here for the new stream.


I am over 45 years old, does this help me?

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.”
https://minister.homeaffairs.gov.au/AlexHawke/Pages/visa-changes-to-support-the-reopening-of-australia.aspx

However, it appears this refers to the ongoing concession (made by LIN 19/216) for those who held (or had applied for) a 457 on 18 April 2017 is that they can be “under 50” (instead of the standard “under 45” requirement).


My 482 or 457 visa has expired and I have moved onto a 408 visa, am I eligible to apply for this TRT 186 visa?

You must currently hold a 482 TSS visa to be eligible for this new stream. So, the answer is no. However, we understand there may be many people who needed to move onto 408 visas after their short-term stream 482 visas, and the Department may make provision for this later.


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.


Who is a 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.


What is 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.


When can I apply?

This change doesn’t happen until 1 July 2022. The old age rules apply until then, so you will need to wait until July 2022 to apply if you do not meet an existing age requirement or exemption.

 


Call Now Talk to an Immigration Lawyer

 

 

Sign up to our Migration Newsletter

Copyright © 2021  MARA Code of Conduct   Privacy Policy   Disclaimer  Site Map

Contact us on +61 429 015 180

Office: 230 Henley Beach Road, Torrensville, SA 5031, Australia

Post: PO Box 3057, Hilton Plaza, South Australia, 5033, Australia

ABN: 75 889 635 782

This site's contents are for general information purposes only
We recommend you seek advice from a Registered Migration Agent and Lawyer
(such as Work Visa Lawyers) in relation to your factual situation and relevant migration laws

Liability limited by a scheme approved under Professional Standards Legislation

Site by Adelaide Websites