Removal of Age Restrictions for 457 Visa Holders Applying for PR & Third TSS STSOL Visa Applications Introduced

On 31 March 2022, the Minister announced that a new legislative instrument will take effect on 1 July 2022 which will remove the age restrictions for newly defined legacy 457 workers.

The instrument is titled Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022 – F2022L00515.

Who is a ‘legacy 457’ worker under the new definition?

The recently announced instrument provides a new definition for legacy 457 workers as meaning a person who, for a subclass 186 visa application:

• Held a subclass 457 visa on or after 18 April 2017; and
• Was in Australia for at least 12 months between 1 February 2020 and 14 December 2021.

Is there an age limit for legacy 457 workers?

Amendments under the new instrument will be made under Schedule 2 of the Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019 to enable the inclusion of the specified legacy 457 workers as being exempt from the age requirement for the subclass 186 visa in the TRT stream.

Legacy 457 workers are therefore not required to be less than 45 years old at the time of application for a subclass 186 visa in the TRT stream.

Third TSS visa for eligible subclass 482 visa holders

On 31 March 2022, the Minister announced a new legislative instrument titled Migration Amendment (2022 Measures No. 2) Regulations 2022.

Whilst the Migration Regulations require applicants who are seeking to apply for a further TSS visa in the short-term stream to be outside Australia, the recently announced instrument will allow eligible TSS (subclass 482) visa holders who have worked in Australia during the COVID-19 pandemic to apply for a third TSS visa in the short-term stream without having to leave Australia.

This amendment recognises that TSS visa holders in the short-term stream may have encountered difficulties in travelling to and from Australia during the pandemic.

The above changes will take effect from 1 July 2022.

Who is eligible under the new arrangements?

To be eligible to apply for the third TSS visa you must:

• Have been in Australia as the holder of a TSS visa in the short-term stream for periods that total at least 12 months between 1 February 2020 and 14 December 2021; and
• Make the further application before 1 July 2023 (unless the Minister specifies a later date).

Pathway to Permanent Residency

The recently announced changes will enable those who are eligible to apply for the third TSS visa to obtain this visa while remaining in Australia which will facilitate an application for approval of an employer nomination and application for a permanent visa to ensure that their skills can be retained in Australia.

Further Information & Assistance

If you would like further information on the recently announced changes or for assistance and advice with any Australian migration matters, please contact our office.