Permanent Residency Pathways for SC482/457 Short-Term Visa Holders

In light of the impacts of the COVID-19 pandemic and business’ and industry’s economic recovery needs, the Australian Government has introduced a new legislative instrument referred to as the Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022.

The new legislation will provide additional permanent residency pathways to additional and specified visa holders who stayed in Australia during the COVID-19 pandemic.

From 1 July 2022 a new cohort of ‘specified persons’ will be eligible to be nominated under the TRT stream of the Employer Nominated Scheme (subclass 186) and in some cases the RSMS SC187.

Who is eligible under the new stream?

Effective Immediately

The additional permanent residency pathways will be available to a person who, on 18 April 2017:

• Held a subclass 457 visa; or
• Was an applicant for a subclass 457 visa that was subsequently granted.

The subclass 457 (pre 18 April 2017) visa holder must have worked full-time in their nominated occupation for their employer for at least two of last three years as a subclass 457 and/or TSS visa holder.

Commencing on 1 July 2022

The additional pathways will also be available to ‘Short-term’ Temporary Skill Shortage subclass 482 and subclass 457 (post 18 April 2017) visa holders who:

• Had been in Australia for at least 12 months (cumulatively) between 1 February 2020 and 14 December 2021; and
• At the time of application, are employed by a person actively and lawfully operating a business in Australia.

Subclass 482 (STSOL) or subclass 457 (post 18 April 2017) visa holders must have worked full-time in their nominated occupation for their employer for at least three of last four years as a subclass 457 and/or TSS visa holder.

When will the changes come into effect?

Effective immediately for subclass 457 visa holders (pre 18 April 2017).

Effective from 1 July 2022 for Short-Term Temporary Skill Shortage subclass 482 and subclass 457 (post 18 April 2017) visa holders.

What if my work period was affected by COVID-19?

The legislation provides allowances for a COVID-19 reduced work period.

The COVID-19 reduced work period commences on 1 February 2020 and will continue until a date is specified by the Minister.

The COVID-19 reduced work period will apply where, from 1 February 2020, the eligible ‘specified’ visa holder was not employed on a full time basis or was on unpaid leave from the employment but otherwise would have been working full time, if not for the COVID-19 pandemic.

Different periods of time apply depending on the type of visa held.

When does the new legislative instrument cease to take effect?

The Department has advised that this concession pathway will be available for 2 years, ending on 1 July 2024 unless it is further extended by the Government.

Effectively this means that if you were granted you short-term TSS 482 visa after 1 July 2021 it is unlikely that you will be eligible for this concession unless an extension is provided by the Government.

If you would like further information on the new legislative changes, your eligibility for the additional permanent residency pathways or wish to schedule a consultation please contact our team of immigration lawyers and registered migration agents on 1300 083 843 or via email at [email protected].