In March 2018, the Temporary Skill Shortage (TSS) Subclass 482 visa was introduced, to replace the now-discontinued Subclass 457 Temporary Work (Skilled) visa. The 482 visa made it tougher for temporary skilled workers to apply for permanent residence by applying stricter criteria around age, employment history, salary, English language, and available occupations.
However, certain temporary visa holders were granted access to grandfathering provisions (or ‘transitional arrangements’), which meant they could apply for permanent residence under the old criteria.
These grandfathering provisions will cease on 18 March 2022.
What grandfathering provisions apply, and who is eligible?
Key grandfathering provisions include:
Age requirement: Under 50 years of age
Work requirement: Have worked for at least 2 out of 3 years for the same employer in the same position and occupation
Occupation list requirement: Can still apply for permanent residence even if their occupation does not appear on the Medium and Long-Term Strategic Skills List (MLTSS)
Those who can access these grandfathering provisions include:
Held a Subclass 457 visa prior to 18 April 2017; or
Had applied for a Subclass 457 visa prior to 18 April 2017 that was subsequently granted.
What happens after 18 March 2022?
457/482 visa holders wanting to apply for permanent residence after 18 March 2022 will be subject to stricter conditions, including:
Age requirement: Under 45 years of age
Work requirement: Have worked for at least 3 out of 4 years for the same employer in the same position and occupation
Occupation list requirement: Nominated occupation must appear on the Medium and Long-Term Strategic Skills List (MLTSS)
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