SID 482 visa Pathway to Permanent Residence under the 186 Employer Nomination Scheme
The TSS visa has historically been a pathway to permanent residence under the Employer Nomination Scheme and this will continue under the SID visa:
- All SID visa holders have a pathway to permanent residence through the Temporary Residence 186 Transition stream of the Subclass 186 Employer Nomination Scheme, after two years of employment in Australia in the three years immediately before the application. All periods of sponsored employment as a primary TSS/SID visa holder count towards this qualifying period. The two years can be with any employer (i.e., not just the sponsoring employer).
- Salary requirements for the Subclass 186 visa under both the Temporary Residence Transition stream and Direct Entry streams will be linked to the SID visa salary This allows the Subclass 186 visa to use the core skills income threshold (which will be indexed annually).
- Subclass 186 visa secondary applicants (family members) no longer need to be named in the nomination application as employers of Subclass 186 visa holders do not have any sponsorship obligations relating to family members.
- Current TSS 482 visa holders who work in an occupation that is not on the CSOL will still have a pathway to permanent residence, subject to meeting relevant eligibility criteria, through the Temporary Residence Transition stream of the Subclass 186 visa.
- Greater flexibility will apply for a member of the family unit who is aged 23 years old and above to be included in, and granted, the Subclass 186 visa with the primary applicant if at the time of the Subclass 186 visa application:
- the family member is included in the application for the Subclass 186 visa application visa; and
- the person holds a Subclass 482 (Skills in Demand) visa granted on the basis that the person was a member of the family unit of a person holding a visa of the same kind.
Transitional Arrangements – Subclass 482 Visas
The government has confirmed that the amendments do not operate retrospectively. All nominations and visa applications for a TSS 482 visa made before the commencement of the amendments will be processed using the requirements that were in force at the time that the application was made.
Where there is a lodged position nomination application for a TSS visa that was not accompanied by a corresponding TSS visa application before the amendments commenced, this nomination can be ‘linked’ to a new SID visa application (provided the nomination is still valid).
Transitional Arrangements – 186 Visas
As outlined in our previous article, the CSOL will also apply to the Direct Entry stream of the Subclass 186 visa (permanent residence under the Employer Nomination Scheme). The amendments will apply to new Subclass 186 nomination and visa applications lodged on or after the regulations commence.
ubclass 186 visa Employer Nomination Scheme – Summary
| Temporary Residence Transition | Direct Entry |
| Any occupation in which applicant has held 457/TSS/SID visa | Any CSOL occupation |
| Two years full-time work in the nominated occupation in Australia in the last three years while on a 457/TSS/SID visa
Not required to have only worked for nominating employer for that period and greater flexibility to cater for change of position such as promotion |
Favourable skills assessment and three years’ experience in the nominated occupation – no change |
| AUD73,150 – CSIT | |
| Pay at least annual market salary rate – no change | |
| Under 45 unless exempt – no change | |
| AUD5000 – no change | |
| No change | |
#Labour Agreement stream carries over existing settings while further development takes place
*Annual earnings excluding non-monetary benefits. Salary thresholds to be indexed annually
Contact us today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.
