New pathways to permanent residency for TSS Short Term visa holders

In line with Minister Hawke's announcement late last year of a new pathway to permanent residency for highly skilled migrants to remain in Australia, a new legislative instrument has been issued which provides a pathway to permanent residence for previously ineligible temporary workers holding Temporary Skill Shortage (TSS visas) in the Short Term stream.

This is a special concession recognising those migrant workers who chose to stay in Australia throughout the pandemic, and is intended to enable more skilled workers to be able to apply for permanent residency.

Key criteria

This pathway is available to specified persons who:

• either:

A. held a subclass 457 visa on 18 April 2017 (or had applied for the visa and it was subsequently granted); or

B. from 1 July 2022 – are a person who was inside Australia for at least 12 months between 1 February 2020 and 14 December 2021;

• have held one or more 457 or 482 visas for at least three of the previous four years immediately prior to when the nomination application is lodged (lesser periods of time can apply to those who previously held a subclass 457 visa);
• were employed on a full-time basis in the position in relation to which the 457 or 482 visa was granted as the holder of one of these visas for at least three of the previous four years immediately prior to when the nomination application is lodged (lesser periods of time can apply to those who previously held a subclass 457 visa); and
• at time of application, are employed by an actively and lawfully operating business in Australia.

Available concessions

For eligible specified persons, the following concessions to the permanent resident Employer Nominated Scheme (subclass 186) visa (Temporary Residence Transition stream) are available:

• occupation does not need to be on the specified 186 occupation list;
• there are Covid-19 concessions available if the overseas workers took unpaid leave or worked part time hours due to Covid-19 related lockdowns and restrictions.

Other than the concessions listed above, the standard subclass 186 nomination and visa criteria will continue to apply, so it is critical for employers to ensure their employees are eligible before proceeding with a nomination.