In response to the strong labour demand and the declining number of temporary visa holders in 2021 due to COVID-19, the Australian Government has introduced new legislation allowing certain temporary skilled visa holders to become eligible for permanent residency in Australia.
The new legislation improves access to permanent residence for certain holders of Subclass 482 (Temporary Skill Shortage) visas and Subclass 457 (Temporary Work Skilled) visas. Eligible subclass 457 or subclass 482 visa holders in the Short-Term stream can be nominated and apply for a Subclass 186 (Employer Nominated Scheme) visa in the Temporary Residence Transition stream. These measures are to be implemented on 1 July 2022.
Before introducing this new legislation, to be nominated under the TRT stream, an applicant had to be a holder of a Subclass 482 visa in the Medium-term stream.
From 1 July 2022, applicants will have access to permanent residency under the TRT visa stream if they are:
- A person who held a 457 on 18 April 2017 or was an applicant for a 457 visa on 18 April 2017 that was subsequently granted
- A person who was in Australia at least 12 months between 1 February 2020 and 14 December 2021, and at the time the nomination is lodged is employed by a person actively and lawfully operating a business in Australia
As per the explanatory statement, the legislative change recognises the contribution of skilled migrants to Australia during the COVID-19 pandemic, addresses Australia’s skills shortages and seeks to retain those skilled migrants in Australia beyond the pandemic.
This is excellent news to those subclass 482 visa holders in the Short-Term stream. We will provide a more detailed update on these concessions for PR and note that applications cannot be submitted before 1 July 2022.
