Temporary Skill Shortage Visa (Subclass 482) Pathway to Permanent Residency (PR)

 

The Temporary Skill Shortage Visa (Subclass 482) enables an Australian employer to sponsor a skilled overseas worker for a role they cannot fill with a suitably skilled Australian candidate.

The Subclass 482 visa is a temporary visa that provides a pathway to permanent residency (PR) via the Employer Nomination Scheme Visa (Subclass 186) if certain criteria are met.

 

Subclass 482 Pathway to PR

 

In May 2023, the Department of Home Affairs announced that by the end of 2023, the Temporary Residence Transition (TRT) stream of the permanent Subclass 186 will be amended.

The amendments provide all Subclass 482 holders with a new pathway to permanent residency provided that they meet the criteria for the Subclass 186 visa sponsored by their employers.

  • Applicants will need to continue to work in the occupation nominated for their Subclass 482 visa.
  • Sponsored visa holders will be eligible for the Subclass 186 TRT stream after two years of sponsorship (down from three years) on a Subclass 482 by their employer.
  • Applicants will need to meet all other nomination and visa requirements for the Subclass 186 TRT stream.
  • The limit on Subclass 482 Short Term stream visa applications that can be made onshore has also been removed on an interim basis.

Subsequently, the Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 came into force on 25 November 2023.

The change to legislation means that:

 

Expanded Access for Various Visa Holders

Subclass 482 and Temporary Work (Skilled) visa (Subclass 457) holders now have a pathway to the Subclass 186 TRT stream and permanent residency regardless of their current visa stream.

This also applies to Regional Sponsored Migration Scheme (subclass 187) visa holders.

 

Reduced Eligibility Period for Nominations

There is now a reduced length of 2 years in the last 3 years to meet the eligibility period required for the approval of a nomination in the TRT stream, compared to 3 years in the last 4 years previously required.

 

New Occupation List Requirements

The requirement for the nominated occupation to be on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) has been removed.

This ensures applicants under the TRT stream are not disadvantaged if their occupation is removed from the relevant occupation list.

 

Inclusive Nomination Eligibility for Employers

All employers can now make a nomination under the TRT stream, including those with a labour agreement.

 

Unlimited Short-Term Stream Applications

There is now no limit on the total of Subclass 482 visa applications in the Short-term stream that can be made while the applicant is in Australia.

 

How does this impact Subclass 482 holders and their PR pathway?

 

Recent changes to the Subclass 482 have significantly impacted the pathway to permanent residency for holders of this visa.

The amendments, effective since 25 November 2023, have expanded access to the Subclass 186 for various visa holders, including Subclass 482 and Subclass 457 visa holders.

These changes offer a more accessible and streamlined path for Subclass 482 holders to achieve permanent residency in Australia.

Read more about the Subclass 186 permanent residency requirements here.

 

Contact Us

 

For expert guidance on the Subclass 482 pathway to permanent residency, contact Bambrick Legal today.

Please note: Our migration and citizenship consultations are provided on a fee basis.

Related Blog – How Long After Permanent Residency Can I Apply for Citizenship?

Send us a message

For enquiries, please fill in the following contact form