Immigration Breaking News
The new PR Pathway is for 457/482 visa holders through the Temporary Residence Transition Stream is a political promise by the Liberal Federal Government subject to no change being made by a new Labour government, should Labour win the national elections later this month (May 2022) and choose to change the law, which only becomes effective on 1 July 2022. We have to wait and see what happens.
This new change is pursuant to- Reg 5.19 (5) (a)(iii) “for a person specified in a legislative instrument made by the Minister for the purposes of this subparagraph–a Subclass 482 (Temporary Skill Shortage) visa in the Short-term stream” The remainder of Regulation 5.19 remains unchanged.
- A person who held a 457 or was an applicant for a 457 that was subsequently granted;
OR - Had been in Australia for at least 12 months between 1 February 2020 and 14 December 2021(the “Covid Period”);
AND - At the time of the application is employed by a person actively and lawfully operating a business in Australia.
Interpretation of the Criteria
The Applicant for the Transitional ENS Subclass 186 must:
- Have been lawfully residing in Australia for at least 12 months during the Covid Period (no mention of type of visa or working requirement- just lawful presence in Australia);
- Be on a 482 Short Stream Visa occupation for at least 3 years with the same 482 Sponsor at time of lodging the ENS Application. This may require current 482 visa holders to apply for a further 482 Visa in order to comply with the 3 year requirement. The applicant must meet 3 out of the past 4 year full-time work requirement for the Sponsor with the exception of Covid allowed reduced hours which will count as full-time work.
Note: Can only apply for up to three (3) 482 visas onshore-
Sunset Clause: You cannot apply for a 3rd onshore 482 visa after 1 July 2023.
Covid-19 Reduced Work Period
From 1 February 2020 any covid reduced hours, until otherwise advised by Immigration, will be considered as full-time.
Age Exemption for ENS TRT
Reg 186.221(b) allows an exemption from the age requirement for specified persons, in this category being legacy 457 workers.
Definition of a Legacy 457 Worker
Means a person who:
- held or applied for a subclass 457 visa on or after 18 April 2017; and
- was in Australia for at least 12 months between 1 February 2020 and 14 December 2021 (the “Covid Period”).
No age limit has been specified for Legacy 457 workers in this Instrument.
Schedule 3 – Third onshore application for 482 visas
This amendment allows 482 holders to apply for a third 482 visa onshore where they:
- were in Australia as the holder of a 482 visa in the Short-term stream for periods that total at least 12 months between 1 February 2020 and 14 December 2021; and
- make that further application before 1 July 2023 unless the Minister specifies a later date.
Please note that this sunset clause period of 1 July 2023 may require you to apply for your third 482 Visa Application prior to 1 July 2023 to ensure you meet the 482 3 year visa requirement with the same employer”.
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