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Australia: Extension and Introduction of Permanent Residency Pathways for Certain Short-term Visa Holders Forthcoming

March 22, 2022

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  • AustraliaAustralia

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At a Glance

  • Effective July 1, 2022, certain Temporary Work (subclass 457) and Temporary Skill Shortage (TSS) visa holders currently working in Australia will be able to apply for permanent residence under the Employer Nomination Scheme (ENS) (subclass 186) visa program.
  • Legacy Subclass 457 holders will continue to have a pathway to permanent residency under transitional arrangements which were set to be repealed from March 18, 2022 but have now been extended.
  • Eligible visa holders will benefit from either a new or continued pathway to permanent residency where they currently do not have one.
  • Employers will benefit from the opportunity to support the retention of their foreign national employees in Australia sponsored in ‘Short-term’ occupations, where they may have previously been restricted.

The situation

The Australian government has published the effectiveness date (July 1, 2022) of the previously-announced rules that will allow certain Temporary Work (Subclass 457) and Temporary Skill Shortage (TSS) visa holders currently working in Australia to apply for permanent residency under the Employer Nomination Scheme (ENS) visa program’s Temporary Residence Transition (TRT) stream.

A closer look

CHANGE DETAILS IMPACT

‘Short-term’ Temporary Skill Shortage Subclass 482 and Other 457 visa holders

  • Effective July 1, 2022, ‘Short-term’ TSS and other Subclass 457 visa holders who had applied for a Subclass 457 visa after April 18, 2017and which were subsequently granted under a Short-term Skilled Occupation List occupation will be granted a new pathway to permanent residency under the ENS visa program.

 

  • Applicants must:
    • Have been in Australia for a period of at least 12 months between February 1, 2020 and December 14, 2021;
    • Be employed by a business that is actively and lawfully operating at the time of application;
    • Meet the standard requirements for the ENS visa;
    • Be less than 45 years old (or fall within one of the limited age-related exemptions); and
    • Demonstrate that they have worked full-time in their nominated occupation for their employer for at least three of the last four years as a Subclass 457 and/or TSS visa holder.
  • Eligible employees will benefit from a new pathway to permanent residence where they currently do not have one.

 

Employers will benefit from the opportunity to support the retention of their foreign national employees in Australia sponsored in ‘Short-term’ occupations, where they may have previously been restricted.
Legacy Subclass 457 visa holders
  • With immediate effect, holders of a valid Subclass 457 visa (approved prior to April 18, 2017 or those who have applied for a Subclass 457 visa prior to this date which was subsequently granted) will continue to be eligible to apply for permanent residency under the Employer Nomination Scheme (ENS) visa program’s Temporary Residence Transition (TRT) stream. These transitional arrangements have been extended even though the Subclass 457 category was repealed on March 18, 2018 and the ability to apply for permanent residency was originally set to be removed on March 18, 2022.

 

  • Applicants must:
    • Be less than 50 years old (or fall within one of the limited age-related exemptions); and
    • Have worked full-time in their nominated occupation for their employer for at least two of the last three years as a Subclass 457 and/or TSS visa holder.
Eligible visa holders will continue to be able to apply for permanent residency.

Background

  • Retention of eligible skilled workers. The rule changes are in line with previously-announced changes aimed at retaining eligible skilled workers already in Australia in recognition of the contribution of these workers during the pandemic, as the government seeks to support local businesses facing critical shortages.
  • Protection from application backlog. The extension of the transitional arrangements for legacy subclass 457 visa holders also ensures that applicants who are currently seeking review of a refused application before the Administrative Appeals Tribunal, which currently has a large backlog of cases, will continue to have a pathway to permanent residence if their appeal is successful.

Looking ahead

Further announcements are expected regarding possible pathways for former TSS visa holders who have already held two Short-Term TSS visas and are restricted from applying for a further TSS visa from within Australia. Fragomen will continue to monitor for any further developments and will provide updates as available.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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  • AustraliaAustralia

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