Australia: Extension and Introduction of Permanent Residency Pathways for Certain Short-term Visa Holders Forthcoming
March 22, 2022
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457 holders will continue to have a pathway to permanent residency under transitional arrangements which were set to be repealed from March 18, 2022 but have now been extended.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 |
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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 |
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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].