From 1 July 2022, changes come into effect to reduce restrictions on Temporary Skill Shortage (TSS) and Temporary Work Visa holders to encourage foreign workers to remain in Australia and assist in fulfilling labour shortages. The changes are as follows:
Eligible subclass 482 visa holders can apply for a further TSS visa onshore
Eligible subclass 482 and 457 visa holders can apply for permanent residency through the Employer Nomination Scheme – Temporary Residence Transition (TRT) stream
Subclass 457 visa holders who have held the visa from 18 April 2017 and were in Australian for at least 12 months from 1 February 2020 to 14 December 2021 will no longer be subject to the age limit of 45 years
Further TSS Visa for Subclass 482 Visa Holders
The Government has announced that subclass 482 visa holders on the Short Term Skills Occupation List (STSOL) can apply for a third subclass 482 visa onshore if they meet the following criteria:
- Must have held a subclass 482 visa for at least 12 months from 1 February 2020 to 14 December 2021
- Submit the further TSS application prior to 1 July 2023
Previously, subclass 482 visa holders in the short-term stream would be required to fulfil the “onshore renewal restriction” which required them to be outside of Australia to make a further valid visa application for the Temporary Skill Shortage visa. The changes coming into effect on 1 July 2022 remove the “onshore renewal restriction” requirement.
Pathways to Permanent Residency for Eligible 482 and 457 Visa Holders
From 1 July 2022, eligible Temporary Work (subclass 457) and Temporary Skill Shortage Visa Holders (subclass 482) will be able to apply for permanent residency through the Employer Nomination Scheme (subclass 186) under the Temporary Residence Transition (TRT) stream if you meet certain conditions. The following conditions apply:
- Must hold a Subclass 482 or Subclass 457 visa
- Must work in an occupation on the Short Term Skilled Occupation List
- Must have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021
- Must meet all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme – Subclass 186 visa
This is a new pathway to permanent residency for short term TSS and Temporary Work visa holders which previously were ineligible. This pathway to PR will only be available for two years from 1 July 2022. It will allow employers to benefit from foreign workers who would otherwise depart, who remain in Australia to live and work.
Please see full requirements here: New PR Pathways for all occupations on the STSOL list
For a further assessment of your eligibility, please book a time with VisaEnvoy here.
Removal of Age Limit for Subclass 457 Visa Holders
An age exemption will be extended and applied to legacy Subclass 457 visa holders who held the visa on or after 18 April 2017 and were in Australia for at least 12 months between 1 February 2020 and 14 December 2021. The means that the age limit of 45 years, a requirement of the Temporary Residence Stream will no longer apply to eligible Temporary Work visa holders.
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