Background
The Australian government previously announced its intention to create additional pathways to permanent residency for people who were present in Australia during the pandemic period. While the details at the time of the announcement were not clear, it was expected that Sc 482 visa holders in the Short Term stream would have access to permanent residency.
The new instrument does create a limited pathway for some of those individuals who have remained in Australia through the pandemic and have, or obtain, a Sc 482 visa in the Short Term stream from 1 July. However, the current instrument does not provide a pathway for people in a number of different circumstances, such as those who have applied for a Sc 408 or other, non-482 visas.
The omission has already been noted by the profession and peak bodies such as the Migration Institute of Australia are already in negotiation to seek a revision of the Instrument. Further information will be made available once the government's intentions are clarified.
Summary
A new Legislative Instrument commenced on 18 March 2022 which provides access to the Sc 186 Temporary Residence Transition (TRT) visa for two cohorts. These are described as 'Specified 457 visa holders' and 'Specified Person' – subclass 482 Temporary Skill Shortage (Short Term Stream) visa holders.
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'Specified 457 visa holder'
The instrument effectively extended the previous transitional arrangements for specified 457 visa holders. This includes those who, on 18 April 2017, held or applied for a subclass 457 visa that was subsequently granted. To be eligible they must also:
- currently hold a 482 visa (Short term stream) or a Bridging visa (granted after applying for a 482 visa (Short term stream).
- currently work for their nominating employer (and in their nominated occupation)
- have worked or will have worked in their nominated occupation on the 457/482 visa for 2 years full time in the 3 years preceding lodgement. The total period may include Covid-19 reduced work period
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'Specified Person' – subclass 482 Temporary Skill Shortage (Short Term Stream) visa holders
From 1 July 2022 the additional cohort of Temporary Skill Shortage visa holders (who are currently on the Short-Term stream) will be eligible to apply for Permanent residency under subclass 186 Temporary Residence Transition stream.
To be eligible they must:
- currently hold a subclass 482 visa (Short term stream) as the primary visa holder in the nominated occupation under their nominating employer; or a Bridging visa (granted after applying for a subclass 482 visa (Short term Stream)
- have been in Australia for a period of at least 12 months between 1 February 2020 and 14 December 2021
- currently work for their nominating employer (and in their nominated occupation)
- have worked or will have worked in their nominated occupation for 3 years full time for their nominating employer in the 4 years preceding lodgement The total period may include Covid-19 reduced work periods
Common Criteria
All cohorts eligible for 186 TRT need to meet eligibility criteria with regards to English, Character, Age and Health requirements, i.e.
- Meet English requirements (eligible passport or Competent English)
- Meet Character requirements
- Meet Age requirements: under 45 OR exempt
- Meet health requirements (at the time of decision)
Please note, by implication the new instrument precludes visa holders who have applied for a subclass 408 visa and are on a Bridging Visa or are holders of the Sc 408 Pandemic visa. We will provide further updates in the future as further clarifications about this new pathway are made available by the Australian Department of Home Affairs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
