New Pathway to PR for 482 Visa Holders [May 2022 Update]



We recently wrote about the new PR options for 482 TSS visa holders.


Here are the latest updates from Immigration:

  1. Recap: What are the new PR options?

  2. Update 1: Who is eligible for PR under this new pathway?

  3. Update 2: How does this new pathway work?

  4. Update 3: When is this new law being implemented?


 


Recap: What are the new PR options?


What is the 482 visa?


The 482 TSS (Temporary Skill Shortage) visa lets businesses hire people from abroad.

Companies could hire under 2 occupation lists - short term and medium term.


How long can you stay with a 482 Visa?


Until recently, people on the short-term list did not have a pathway to PR. They could extend their visa for 2 years at a time, up to 4 years.


To get PR, they would need to be sponsored in a regional area via the 494 visa, or get state nomination for the 491/190 visas.


What's the new PR option?


Immigration recently announced new PR pathways for short term 482 visa holders.



Here is everything you need to know from the 17 March legislation update:


UPDATE 1: Who is eligible for PR under this new pathway?


This new pathway to PR is available to anyone with a 482 visa who:

  1. was in Australia from 1 Feb 2020 to 14 Dec 2021 (i.e. while the border was affected by COVID)

  2. lived in Australia for at least 12 months during this time

  3. has held a 482 visa for at least 3 of the last 4 years*. T̶h̶i̶s̶ ̶a̶l̶s̶o̶ ̶a̶p̶p̶l̶i̶e̶s̶ ̶t̶o̶ ̶f̶u̶t̶u̶r̶e̶ ̶4̶8̶2̶ ̶v̶i̶s̶a̶ ̶h̶o̶l̶d̶e̶r̶s̶, This is likely to be only for existing subclass 482 visa holders, as long as they were in Australia for 1 year during the period of border closure. T̶h̶a̶t̶ ̶m̶e̶a̶n̶s̶,̶ ̶e̶v̶e̶n̶ ̶i̶f̶ ̶y̶o̶u̶ ̶w̶e̶r̶e̶ ̶i̶n̶ ̶A̶u̶s̶t̶r̶a̶l̶i̶a̶ ̶o̶n̶ ̶a̶n̶o̶t̶h̶e̶r̶ ̶v̶i̶s̶a̶,̶ ̶y̶o̶u̶ ̶c̶a̶n̶ ̶n̶o̶w̶ ̶a̶p̶p̶l̶y̶ ̶f̶o̶r̶ ̶a̶ ̶4̶8̶2̶ ̶v̶i̶s̶a̶,̶ ̶a̶n̶d̶ ̶b̶e̶ ̶e̶l̶i̶g̶i̶b̶l̶e̶ ̶f̶o̶r̶ ̶P̶R̶ ̶i̶n̶ ̶3̶ ̶y̶e̶a̶r̶s̶.̶

* Information updated May 2022 based on the latest 22 April Immigration newsletter. We anticipate that the laws would be amended at a later time to reflect this change.


You may also be eligible while holding a bridging visa, as long as your last substantive visa was either a 457 or 482 visa and you've applied for one of these visas again.


* The period required may be different if you held/hold a 457 visa.



UPDATE 2: How does this new pathway work?


If you are eligible, your employer can nominate you for the subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition (TRT) stream, which is usually reserved for those sponsored under an occupation on the Medium and Long-Term Strategic Skills List (MLTSSL).


Your employer can only nominate you if you are working full time in a position related to your 482 visa and have met the requirements relating to the time holding this visa, as explained above.



UPDATE 3: When is this new law being implemented?


The 186 visa with this new stream will be available from 1st July 2022.


 

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