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A few months ago, the Department of Home Affairs announced changes that are favourable to work visa holders. These changes include access to permanent residency pathways for work visa holders under the short-term stream, access to a third TSS 482 visa under the short-term stream, and age exemption for legacy 457 visa holders.
1. Permanent residence pathways for work visa holders
Based on the current migration legislation, Temporary Skill Shortage “TSS” (short-term stream) subclass 482 visa holders are not eligible to apply for Employer Nomination Scheme “ENS” (transition stream) subclass 186. ENS 186 (transition stream) is a permanent residency visa that is currently available for TSS 482 visa holders whose occupations are on the Medium to Long Term Strategic Skills List (MLTSSL) and who have held their TSS 482 visa for at least three years in the same occupation working with the same employer.
From 1 July 2022, TSS 482 visa holders and Temporary Work (Skilled) subclass 457 visa holders under the short-term stream now have access to ENS 186 (Transition stream) if:
- they have been in Australia for at least a year between 1 February 2020 and 14 December 2021;
- they satisfy the nomination and visa criteria for the ENS 186 (Transition stream) visa.
For example, if you are a Cook on a TSS 482 visa, working with the same employer for at least three years and you satisfy the requirements above, then you can be eligible to apply for ENS 186 (transition stream) visa. This applies to all the 482 or 457 visa holders whose nominated occupation is on the short-term occupation list such as Enrolled Nurse, ICT Customer Support Officer, Marketing Specialist, etc.
This pathway will be available until 1 July 2024.
2. Third TSS 482 visa (short-term stream) will become available for onshore applicants
Currently, TSS 482 visa holders whose occupations are on the short-term occupation list are only allowed to renew their TSS visa once while onshore. This changed from 1 July 2022, where TSS 482 visa (short-term stream) holders will be able to renew their current visa if they:
- are currently on their second TSS visa (short-term stream) visa;
- have been in Australia between 1 February 2020 and 14 December 2021 for at least one year while holding a TSS (Short-term stream) visa; and
- satisfy the nomination and visa criteria for the TSS (Short-term stream) visa.
This is available until 1 July 2024.
3. Age exemption for legacy 457 visa holders when applying for ENS 186 (Transition stream) visa
Currently, visa applicants who are 45 years of age and above are not eligible to apply for ENS 186 (transition stream) visa. However, from 1 July 2022, legacy 457 visa holders who are 45 years old and above can still apply for ENS 186 (Transition stream) visa if they:
- have held a subclass 457 visa on or after 18 April 2017;
- have been in Australia between 1 February 2020 and 14 December 2021 for at least one year;
- they satisfy the nomination and visa criteria for the ENS 186 (Transition stream) visa.
This age exemption will be accessible until 1 July 2024.
Note that at the time of writing this article, the legislation has not been amended to show these changes. It is suggested that you seek advice or assistance from a Registered Migration Agent or an Immigration Lawyer to confirm if these changes can apply to you.
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