Reminder: SC186 TRT Transitional Arrangements for 457/482 visa holders ceasing on 18 March 2022
On 18 April 2017, the Australian Government announced that the subclass 457 (Temporary Work (Skilled)) visa would be repealed and replaced with the new Temporary Skill Shortage (TSS) visa to support businesses in addressing genuine skill shortages.
Transitional arrangements were subsequently put in place for the Temporary Residence Transition (TRT) stream to provide temporary pathways for those who were already holders of or who had applied and subsequently been granted a 457/482 visa on or prior to 18 April 2017.
On the 18 March 2022 these transitional arrangements will cease when the Migration (IMMI 18/052: Specified Persons and Periods of Time for Regulation 5.19) Instrument 2018 is to be repealed and will no longer be in effect.
What is the TRT stream?
The Temporary Residence Transition (TRT) is a visa stream under the Employer Nomination Scheme subclass 186.
This visa allows skilled workers, who are nominated by their employer, to live and work in Australia permanently.
Who is eligible for the transitional arrangements under the TRT stream?
To be eligible for the Employer Nomination Scheme SC186 (TRT stream) visa you must:
- Hold a subclass 457, Temporary Skill Shortage visa (subclass 482) (TSS) or relating Bridging visa A, B or C
- Usually, have worked for your employer for at least 3 years full time while holding a subclass 457 or TSS visa (requirement is at least 2 years under the transitional arrangements)
- Have been nominated by an Australian employer whose nomination was approved in the 6 months before you apply
Additionally, to be eligible for the transitional arrangements under the TRT you must, on or before 18 April 2017:
- Have held a subclass 457 (Temporary Work (Skilled)) visa; or
- Were an applicant for a subclass 457 (Temporary Work (Skilled)) visa that was subsequently granted.
What are the transitional arrangements?
To apply for the subclass 186 (TRT stream) you must be under the age of 45 years of age when you apply (unless an exemption applies), however, those eligible under the transitional arrangements can still apply for this visa if they are under 50 years of age at the time of application.
Occupational List Requirements
To be eligible to apply for the subclass 186 (TRT stream) you must have the required skills and qualifications needed to perform the tasks of your nominated occupation. To meet this requirement, your skills or qualifications will need to be listed on the skilled occupation list.
For those applying under the transitional arrangements, the skilled occupation list requirement does not apply.
Under the SC186 requirements your employer must have sponsored you to work full-time on your subclass 457/482 visa for at least 3 of the 4 years prior to nominating you.
Under the transitional arrangements, the required sponsorship time by your employer is for at least 2 of the 3 years prior to nomination.
In addition to the age, occupational list (does not apply under the transitional arrangements) and employment requirements you must also:
- Be licenced, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in
- Have competent English
- Currently be the primary holder of either a:
- Subclass 457 visa that was not granted under the Labour Agreement stream;
- Subclass 482 (TSS) visa granted for occupation on the Medium to Long-term Strategic Skills list; or
- Bridging visa A, B or C (must be the one you were granted after your subclass 457 or TSS visa expired)
- Meet the Department’s health and character requirements
- Sign the Australian values statement
- Have paid back, or have a formal arrangement to pay back, any debt you owe to the Australian Government
- Not have had a visa cancelled or a previous application refused (not applicable in all circumstances and you must check if your visa cancellation affects your eligibility)
How to apply if you are eligible under the transitional arrangements
Eligible overseas workers and employers wishing to retain temporary visa holding employees permanently will need to lodge their permanent visa application before the transitional arrangement ceases on 18 March 2022.
The Employer Nomination Scheme visa has two stages:
First Stage – Nomination Application
The Employer lodges a nomination for the applicant to work in their organisation.
Second Stage – SC186 Visa Application
The Nominee then lodges an application for a visa to work permanently in the company they have been sponsored by.
If you would like any further information about these requirements or on the changes that will come in to effect on 18 March 2022, or to discuss your matter, please contact our office.