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

‘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.

• 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 These transitional arrangements have been extended even though the Subclass 457 category was repealed on March 18, 2018 and the ability to apply for permanent residency was originally set to be removed on March 18, 2022.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.