457 and 482 Visa holders can apply for Australian PR

 

Temporary skilled visa holders now can be eligible for permanent residence (PR) in Australia.

 

Australian PR options to support 457 & 482 Visa holders

These visa changes will improve access to permanent residence for:

• Existing 482 visa holders (Temporary Skill Shortage) in the short-term stream
• Legacy 457 visa holders (Temporary Work Skilled) who no longer meet the age requirement.

 

Pathways to PR for existing skilled workers on short term stream

Australian visa Subclass 457 or 482 visa holders with Short-term Skilled occupation list will now be eligible for permanent residency regardless of the stream. Permanent residency option.

Pathways to permanent residency that was previously only available to “Medium- and Long-Term Strategic Skill List (MLTSSL)” is now open to Short-term Skilled Occupation List (STSOL) occupation.

 

PR pathway for specified 482/457 Visa STSOL holders

From 1 July 2022 applicants can apply for permanent residency if they are:

457 visa holders:

• (1) A person who on 18 April 2017 held a subclass 457 visa or had a pending 457 visa application that was subsequently granted

482 visa holders:

• (2) Commencing 1 July 2022 if you are a subclass 482 holder and
• if you have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
• at the time of application, you are employed by an employer actively and lawfully operating a business in Australia.

 

This new legislation provides a pathway to permanent residency for Subclass 482 visa holders in the short-term stream, regardless of whether their nominated occupation is on the Medium & Long-Term Strategic Skills List (MLTSSL), the Short-Term Skilled Occupation List (STSOL) or the Regional Occupation List (ROL).

This new legislation is relevant for applications under the following Employer-sponsored programs:

• Subclass 186 (Employer Nomination Scheme) visa
• Subclass 187 (Regional Sponsored Migration Scheme) visa

According to the changes, if the applicants have worked for their employer for two of the last three years while holding a 482 visa in the short term stream, after 1 July 2022, they can apply for 186 permanent residency visa.

Legislative Instrument Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022 replaces IMMI18/052 which was self-repealed on 18 March 2022.

This new Instrument provides a pathway to employer sponsored permanent residency for an additional cohort of SC457/482 visa holders through theTemporary Residence Transition stream of the employer nominated/sponsored schemes as announced by Minister Hawke on 25 November 2021.

After 30 June 2022 a new cohort of 'specified persons' will be eligible to be nominated under the TRT stream of the SC 186 and in some cases the RSMSSC 187.

 

 

​The Morrison Government is making it easier for highly skilled migrants to remain in Australia and to continue working in critical sectors as Australia’s economic recovery continues.

​Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke said these measures recognise the contribution of skilled migrants who remained here during the COVID-19 pandemic and encourage them to stay in Australia.

“Eligible skilled workers, already in Australia, will continue to support local businesses facing critical shortages, particularly in health, hospitality and our regions,” Minister Hawke said.

“This recognises the economic value-add of these critical workers, and retaining them will greatly assist in Australia’s economic recovery.”

 

More legislation reads as following:

LIN 22/038

Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022

as

​Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke said this instrument was made under the following provisions of the Migration Regulations 1994 (the Regulations):

(a) subparagraph 5.19(5)(a)(iii);

(b) subregulation 5.19(6);

(c) paragraph 5.19(8)(b). 

Dated 17 March 2022

 

Changes to support the reopening of Australia and our economic recovery

This Instrument introduces a number of definitions in making these new Regulations:

Identified person: has the meaning given by the Reg 5.19(5)(c) of theRegulations.

Specified person: for Reg 5.19(5)(a)(iii) is a person who holds a SC 482 in theShort Term stream and is specified in subsection 4(2) or (3) of this Instrumentas:

a person who held a SC 457 or was an applicant for a SC 457 that was subsequently granted,

OR

commencing on 1 July 2022 - had been in Australia for at least 12 months...[cumulatively] ... between 1 February 2020 and 14 December 2021

AND

at the time of application is employed by a person actively and lawfully operating a business in Australia.

Subclass 457 visa - a Subclass 457 (Temporary Work (Skilled)) visa in forcebefore 18 March 2018.

Periods of time

- currently under Regs 5.19(6) and (5)(e)(f) and (g) theperiods of time the visa holder must work for the employer to be eligible forTRT are specified as 3 years in 4 years or 2 years in 3 years if Reg 5.19(5)(e)applies.

 

This Instrument commences on 18 March 2022.

 

Following is a summary of this Legislative Instrument and Explanatory Statement.

1          Name

              This instrument is the Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022.

2      Commencement

              This instrument commences on 18 March 2022.

3      Definitions

         In this instrument:

application means an application under subregulation 5.19(1) of the Regulations for approval of the nomination of a position in Australia.

concession period means the concession period mentioned in subregulation 1.15N(1) of the Regulations. 

COVID-19 means the pandemic declared by the World Health Organization on 11 March 2020, caused by the coronavirus COVID‑19. 

COVID-19 reduced work period: see subsection 6(2). 

COVID-19 unpaid leave period: see subsection 7(2). 

identified person has the meaning given by the paragraph 5.19(5)(c) of the Regulations. 

specified person: see subsection 4(1). 

specified 457 visa holder: see subsection 4(2). 

subclass 457 visa means a Subclass 457 (Temporary Work (Skilled)) visa as in force under Schedule 2 to the Regulations before 18 March 2018. 

4      Specified persons

     (1) For subparagraph 5.19(5)(a)(iii) of the Regulations, a person (a specified person) mentioned in subsection (2) or (3) is specified.

     (2) A person (a specified 457 visa holder) who, on 18 April 2017:

(a)   held a subclass 457 visa; or

(b)   was an applicant for a subclass 457 visa that was subsequently granted. 

     (3) Commencing on 1 July 2022—a person who:

(a)   has been in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and

(b)   at the time of application, is employed by a person actively and lawfully operating a business in Australia.  

5          Periods of time—relevant specified 457 visa holders without a COVID-19 reduced work period or COVID-19 unpaid leave period

     (1) For subregulation 5.19(6) of the Regulations, the following periods of time are specified if the identified person in an application is a specified 457 visa holder: 

(a)   for paragraphs 5.19(5)(e), (f) and (g) of the Regulations—a period of 3 years is determined, instead of a period of 4 years mentioned in those provisions; and 

(b)   for paragraph 5.19(5)(e) of the Regulations—a total period of at least 2 years is determined, instead of a total period of at least 3 years mentioned in those provisions; and

(c)   for subparagraph 5.19(5)(f)(i) and paragraph 5.19(5)(g) of the Regulations—a total period of at least 2 years (not including any periods of unpaid leave) is determined, instead of a total period of at least 3 years (not including any periods of unpaid leave) mentioned in those provisions.

     (2) Subsection (1) is subject to sections 6 and 7. 

6          Different periods of time for paragraph 5.19(5)(f) of the Regulations—COVID‑19

     (1) For subregulation 5.19(6) of the Regulations, the following periods of time are specified for subparagraph 5.19(5)(f)(i) of the Regulations if the identified person in an application has a COVID-19 reduced work period and:

(a)   the person is a specified 457 visa holder—a total period of at least 2 years less the COVID-19 reduced work period (not including any other period of unpaid leave); or

(b)   is any other person—a total period of at least 3 years less the COVID-19 reduced work period (not including any other period of unpaid leave)

              is determined instead of a total period of at least 3 years (not including any period of unpaid leave) mentioned in the subparagraph. 

Note          The reference to a COVID-19 reduced work period in this section includes a reference to multiple COVID-19 reduced work periods—see paragraph 23(b), Acts Interpretation Act 1901. 

     (2) A COVID-19 reduced work period is a period, in relation to an identified person in an application, that is:

(a)   during the concession period;

(b)   if the person is:

          (i)  a specified 457 visa holder—in the 3 years immediately before the application:

         (ii)  any other person—in the 4 years immediately before the application;

(c)   a period during which the person was employed in a position in respect of which any visa mentioned in paragraph 5.19(5)(e) of the Regulations was granted; and

(d)   a period during which the person:

          (i)  was not employed as mentioned in paragraph (c) on a full time basis, but would have been employed on a full time basis were it not for COVID-19; or

         (ii)  was on unpaid leave from the employment because of COVID‑19. 

7      Different periods of time for paragraph 5.19(5)(g) of the Regulations—COVID‑19

     (1) For subregulation 5.19(6) of the Regulations, the following periods of time are specified for paragraph 5.19(5)(g) of the Regulations if the identified person in an application has a COVID-19 unpaid leave period and:

(a)   the person is a specified 457 visa holder—a total period of at least 2 years less the COVID-19 unpaid leave period (not including any other period of unpaid leave); or

(b)   is any other person—a total period of at least 3 years less the COVID-19 unpaid leave period (not including any other period of unpaid leave)

              is determined instead of a total period of at least 3 years (not including any period of unpaid leave) mentioned in the paragraph. 

Note          The reference to a COVID-19 unpaid leave period in this section includes a reference to multiple COVID-19 unpaid leave periods—see paragraph 23(b), Acts Interpretation Act 1901. 

     (2) A COVID-19 unpaid leave period is a period, in relation to an identified person in an application, that is

(a)   during the concession period;

(b)   if the person is:

          (i)  a specified 457 visa holder—in the 3 years immediately before the application:

         (ii)  any other person—in the 4 years immediately before the application;

(c)   during which the person:

          (i)  was employed in the occupation for which any visa mentioned in paragraph 5.19(5)(e) of the Regulations for the application was granted; and

         (ii)  was on unpaid leave from the employment because of COVID‑19. 

8      Exemption

     (1) For paragraph 5.19(8)(b) of the Regulations:

(a)   a specified person; and

(b)   commencing on 1 July 2022—a person mentioned in subsection (2)

              is exempt from the operation of paragraph 5.19(5)(c) of the Regulations. 

     (2) A person who, after 18 April 2017:

(a)   applied for a subclass 457 visa that was subsequently granted;

(b)   has been in Australia for a period of at least 12 months between 1 February 2020 and 14 December 2021; and

(c)   at the time of application, is employed by a person who is actively and lawfully operating a business in Australia. 

 

 

The instrument that extends the exemption to the repealed subclass 457 – Temporary Work (Skilled) visa holders and adds a pathway for a permanent visa application for subclass 482 – Temporary Skill Shortage visa holders in the Short-term stream came into effect on 18 March 2022.

Source to Legislation: Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022 

 

Source:

legislation.gov.au/Details/F2022L00340

 

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