Note: The following information is general in nature and cannot replace a qualified migration agent or lawyer’s advice. Please contact us to discuss how these changes might apply to your individual circumstances.

Changes that came into effect on 1 July 2022 opened a new pathway to permanent residency for certain eligible Temporary Skill Shortage (TSS or Subclass 482) and Subclass 457 visa holders working in occupations on the Short-Term Skilled Occupation List (STSOL).

What concessions are in place?

Under the concessions, certain eligible TSS482 (and 457 visa holders) in the short-term STSOL stream can now apply for permanent residency via the Subclass 186 Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS). 

You are eligible if you:

• have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021 and
• at the time a 186 nomination application is made, hold a valid 482TSS visa or 457 visa holders and
• meet all the requirements of a 186 TRT.

The Department of Home Affairs (DoHA) has said this pathway will be available for two years until 1 July 2024. However, no legislation has been released to confirm this so far. It is uncertain whether these concessions will change or even be made redundant due to further actions by the new government.

Key benefits

Here are just a few:

• Certain 482/457 visa holders with occupations on the STSOL have a pathway to permanent residency, where previously there was none.
• The impact of COVID-19 on work hours and cumulative work periods will be taken into consideration.
• Employers will be able to retain existing workers more easily - good for staff retention.

Potential barriers

While the above concessions are welcome, there are several potential barriers to be aware of:

• Sunset date - The concessions currently only apply until 1 July 2024. As such, applicants who were granted their first TSS482 visa on or after 1 July 2021 (or transferred to a new sponsor) are likely to be ineligible to meet the required 3 years’ full-time work within the given 2-year timeframe.
  
  
• Offshore lodgement (third 482TSS application) - Certain TSS482 visa holders may need to apply for an additional TSS482 visa to meet the 3 year requirement. Unless further concessions are confirmed, applicants who have held more than one TSS visa and were in Australia at the time of their most recent application was lodged may be required to apply outside of Australia. The removal of this restriction on onshore renewal was brought up by the previous government, but there has been no legislative follow up since.

Conclusion

They concessions seem to be rather limited in scope than originally envisaged. For instance, based on the concessions as they currently stand, anyone granted a TSS visa on or after 1 July 2021 may not meet the requirements.

However, we remain cautiously optimistic that concessions for STSOL visa holders to apply for permanent residency might be extended at some point in the future so more people benefit, particularly if labour shortages in Australia continue. We will continue to monitor the situation and report on any new developments.

Next steps

With concession requirements depending heavily on individual circumstances and the general uncertainty surrounding future policy decisions by the new government, it is important you seek a qualified migration professional who can conduct a full eligibility assessment that considers your individual situation and can advise on any sudden changes.

Feel free to get in touch with us if you would like to explore your eligibility.