How do you move from a temporary TSS 482 visa to Australian Permanent Residence? Largely, this will depend on which of the three streams the TSS 482 visa has been nominated in:

• Medium term for visa holders nominated in occupations on the Medium and Long-Term Strategic Skills List (MLTSSL) or Regional Occupation List (ROL)

• Short-term for visa holders nominated in occupations on the Short-Term Skilled Occupation List (STSOL). Unless covered by grandfathering provisions*, these TSS 482 visa holders can find it difficult to obtain employer sponsored PR options

• Labour agreement for visa holders working for businesses that have entered into a labour agreement with the Department of Home Affairs. Successful applications mean that approved STSOL occupations can be nominated for PR (ENS 186).

 *Grandfathering provisions apply to anyone who, on 18 April 2017, was holding a 457 visa, or had lodged a 457 visa that was subsequently granted.

PR for Occupations in the Medium-Term Stream

For TSS 482 visa holders nominated in occupations on the MLTSSL, the most commonly used pathway to PR is the Employer Nomination Scheme (ENS) 186 visa:

Be nominated by an employer actively and lawfully operating in Australia

• Be under 45 years of age, unless exemptions apply

• Have Competent English, unless exemptions apply

• Meet health and character requirements

• If using the Temporary Residence Transition (TRT) stream, applicants will need to have been working for the business in their nominated occupation, while holding their TSS 482 visa for at least 3 years. If covered by grandfathering provisions*, the period is 2 years

• If using the Direct Entry stream, applicants do not need to be holding a TSS 482 visa or 457 visa but, generally need a positive skills assessment in their nominated occupation along with at least 3 years relevant work experience

The Medium-Term stream also allows applicants to consider PR via the General Skilled Migration program, specifically, the Skilled Independent 189 (points tested) visa where no sponsorship by an employer, State or Territory, or family member is not required, or the Skilled Nominated 190 visa where sponsorship by a State or Territory is necessary.

PR for Occupations in the Short-Term Stream

If a TSS 482 visa holder is nominated in an occupation on the STSOL, their options for PR are limited.

To qualify for the ENS 186 visa, they will need to be in the cohort covered by grandfathering provisions*. If a TSS 482 visa holder isn’t covered by the grandfathering provisions they will need to consider whether they can:

• Qualify for the Skilled Nominated 190 visa

• Change their nominated occupation to one on the MLTSSL or ROL,

• Be sponsored by an employer to live and work in a designated regional area where a Skilled Regional 191 permanent residence visa may be possible after 3 years, or

• Qualify for a family sponsored visa e.g. partner visa

Conclusion

Determining options for Australian permanent residency can require careful planning so, contact us to discuss further. Book a consultation or call us today.