Updates for TSS and 457 Visa Holders

Effective from 1 July 2022, there will be changes aimed at enhancing the opportunity for skilled migrant workers who chose to remain in Australia during the pandemic to obtain permanent residency.

These changes extend to Temporary Skill Shortage (TSS) subclass 482 (Short-term stream) and Temporary Work (Skilled) subclass 457 visa holders.

For TSS visa holders in the short-term stream, they will be eligible to apply for permanent residence through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa. To qualify, TSS visa holders must have spent at least one year in Australia between 1 February 2020 and 14 December 2021, and meet other nomination and visa requirements. This pathway will be open for two years, starting from 1 July 2022.

Similarly, Temporary Work (Skilled) subclass 457 visa holders with occupations listed on the Short-term Skilled Occupation List (STSOL) can directly apply for the TRT stream of the ENS without needing to apply for a TSS visa beforehand.

Transitional arrangements for subclass 457 visa holders seeking permanent residency through the TRT stream of the ENS, which were originally set to end on 18 March 2022, will continue to be available and will be reviewed within two years.

Legacy Temporary Work (Skilled) subclass 457 visa holders who no longer meet the age requirement can access an age exemption when applying through the TRT stream of the ENS subclass 186 visa. To be eligible, they must have held a subclass 457 visa on or after 18 April 2017, spent at least one year in Australia between 1 February 2020 and 14 December 2021, and meet other nomination and visa requirements. The age exemption will be accessible for two years from 1 July 2022.

Furthermore, former TSS visa holders who have worked in Australia during the COVID-19 pandemic and are unable to apply for a further TSS visa within the country will have the opportunity to apply for a third short-term stream TSS visa while in Australia. This will assist applicants in meeting the nomination requirements for an ENS visa under the TRT stream. To be eligible, applicants must have held a maximum of two short-term stream TSS visas, spent at least one year in Australia between 1 February 2020 and 14 December 2021 while holding a TSS (Short-term stream) visa, and meet other nomination and visa requirements. The third TSS visa will be accessible for one year from 1 July 2022.

These updates aim to provide greater flexibility and options for skilled migrants who have contributed to Australia during the pandemic and wish to pursue permanent residency.