Important Updates
Important Updates
August 14, 2025 | United Arab EmiratesUnited Arab Emirates: Dubai Introduces ‘One Free Zone Passport’ Across Free Zones
August 18, 2025 | AustraliaAustralia: Updates to National Innovation Visa Programs in New South Wales, South Australia and Victoria
August 18, 2025 | United StatesPittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers
August 18, 2025 | United Arab EmiratesUnited Arab Emirates: New Advertiser Permit Required for Some Social Media Promotional Content
August 14, 2025 | AustraliaAustralia: English Language Test Requirement Updated
August 14, 2025 | United Arab EmiratesUnited Arab Emirates: Dubai Introduces ‘One Free Zone Passport’ Across Free Zones
August 18, 2025 | AustraliaAustralia: Updates to National Innovation Visa Programs in New South Wales, South Australia and Victoria
August 18, 2025 | United StatesPittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers
August 18, 2025 | United Arab EmiratesUnited Arab Emirates: New Advertiser Permit Required for Some Social Media Promotional Content
August 14, 2025 | AustraliaAustralia: English Language Test Requirement Updated
August 14, 2025 | United Arab EmiratesUnited Arab Emirates: Dubai Introduces ‘One Free Zone Passport’ Across Free Zones
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

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

March 22, 2022

insight-news-default

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

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].

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Podcast

New Roots: Pathways to Canada - Economic Mobility in Action - Canada's EMPP Unpacked

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Learn more

Blog post

Restored Citizenship: What Former South Africans Need to Know

Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Learn more

Blog post

From Advocacy to Action: Vietnam’s New Work Permit Decree Takes Shape

Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Podcast

New Roots: Pathways to Canada - Economic Mobility in Action - Canada's EMPP Unpacked

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Learn more

Blog post

Restored Citizenship: What Former South Africans Need to Know

Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Learn more

Blog post

From Advocacy to Action: Vietnam’s New Work Permit Decree Takes Shape

Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.