Permanent Residence Pathway for Short-Term Skilled Visa Holders in Australia Updates

Permanent Residence Pathway for Short-Term Skilled Visa Holders

From 1 July 2022, a Subclass 457 or 482 visa holder nominated in an STSOL occupation will now have access to a permanent residence pathway through the Subclass 186 Temporary Residency Transition Stream (TRTS).

Who is eligible

Short-Term subclass 482 visa holders will be eligible to apply for permanent residency under the TRTS stream provided that:

  1. They have worked in the nominated occupation for a period of 3 years in the 4 years immediately prior to the TRTS application;
  2. They have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
  3. They are currently employed by a person “actively and lawfully operating a business in Australia”.
  1. They must have worked in the nominated position/occupation for a period of 2 years in the 3 years immediately before the TRTS application is submitted whilst holding a subclass 457 or 482 visa;
  2. At the time of application, the person is employed by a person actively and lawfully operating a business in Australia; and
  3. The applicant meets all other requirements for the TRTS stream.

Affected by the pandemic

The amendment also introduces concessions for visa holders that have been affected by unpaid leave or reduced work periods due to the COVID-19 pandemic. The concessions lower the work requirement for specified subclass 457 visa holders that have been subject to a COVID-19 reduced work or unpaid leave period to the following:

  • If the specified 457 visa holder was not employed in the nominated position on a full-time basis or was on unpaid leave due to the pandemic (‘COVID-19 reduced work period’), a period of 2 years less any COVID-19 reduced work period (not including any other unpaid leave) is suitable to meet the work criteria.
  • If the specified 457 visa holder was not employed in the nominated occupation and was on unpaid leave (‘COVID-19 unpaid leave period’), a period of 2 years less any COVID-19 unpaid leave period (not including any other period of unpaid leave) is suitable to meet the work criteria.
  • If the applicant was affected by a COVID-19 reduced work period, a period of 3 years less any COVID-19 reduced work period (not including any other unpaid leave) is suitable to meet the work criteria.
  • If the applicant was affected by a COVID-19 unpaid leave period, a period of 3 years less any COVID-19 unpaid leave period (not including any other period of unpaid leave) is suitable to meet the work criteria.

Learn More About this New Visa Pathway for Short-Term Skilled Visa Holders or other Immigration Pathways to Australia

Gilton Valeo Lawyers is a Sydney based incorporated legal practice specialising in corporate migration, founded in 1982.

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