Working in Australia on a 482 TSS visa in the short term stream?
Good news! Soon you may be able to have a pathway to permanent residency (PR).
Here’s everything you need to know:
- What is the new PR pathway?
- Who is eligible?
- How soon can you get PR?
- What if your current visa expires before the new laws are passed?
- What can you do in the meantime?
What are the new PR options?
As you know, employers can sponsor you on the 482 Temporary Skill Shortage visa, however the occupations are split between 2 occupation lists. If your occupation is on the short-term list (and not in a regional position), you won’t have a pathway to PR.
Migration Institute of Australia, the leading industry body, has announced that Immigration is in the process of creating new pathways to PR for people already on 482 TSS visas in the short-term stream and legacy 457 visas. Further details are still to be released.
Who is eligible for PR under these new rules?
These new pathways will be available for people who are already in Australia on a 482 TSS visa in the short term stream.
We have since learned that this will be for ALL occupations on the list, and not just essential workers in the health and hospitality industries, as previously announced by the government.
It will also apply to legacy 457 visa holders who no longer meet the age requirement.
The announcement stressed this was to reduce Australia’s shortage of essential workers.
So, when can I get my PR?
The legislation is being developed right now. Department of Immigration expects to introduce this “around the middle of this year.”
There isn’t a confirmed date yet, but Immigration has already made more confirmations than usual regarding this topic, which indicates that the change is likely to happen as planned.
But my current visa will expire before then
Not to worry. If you’re unable to extend your current visa, the Department recommends you apply for a COVID-19 visa (subclass 408 under the AGEE stream). Note that to be eligible for this visa, you must not be eligible for any other type of visa.
This will let you stay and keep working in Australia until the new laws come into effect.
What should I do now?
You should just continue working on your current 457/482 visa until the new PR pathways are introduced.
If your visa is expiring, and your occupation is in a critical sector (agriculture, food processing, health care, aged care and disability care or child care) ➡ you can apply for the 408 visa.
If your occupation is not on the critical list ➡ you can also apply for the 408, but note that the grant period for your visa will only be for 3 months, which may not be enough time to wait for the new requirements to be introduced. If you’re unsure what other visa pathways may be available to you, you should book for a consultation to discuss this with us further.
Not sure what to do?
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Sources:
- Migration Institute Australia Notice 05
- Minister Hawke’s announcement on 25 November 2021