Certain temporary skilled visa holders may be eligible to become permanent residents in Australia under this announcement.
In response to the strong labour demand and the declining number of temporary visa holders in 2021 due to the COVID-19 pandemic, on 25 November 2021, the Australian Government announced that measures will be introduced to improve access to permanent residence for certain holders of Subclass 482 (Temporary Skill Shortage) visas (subclass 482 visa) and Subclass 457 (Temporary Work (Skilled)) visas (subclass 457 visa).
The instrument forms part of these measures to be implemented on 1 July 2022.
This announcement opens up Permanent residency option to Short-term Skilled Occupation List (STSOL) occupation which was earlier only open to “Medium- and Long-Term Strategic Skill List (MLTSSL).”
This will happen:
If their employer makes an application to the Minister under regulation 5.19 of the Regulations for the visa holder to be nominated for a position in Australia and, once that application is approved, the visa holder subsequently applies for a Subclass 186 (Employer Nomination Scheme) visa (subclass 186 visa) or Subclass 187 (Regional Sponsored Migration Scheme) visa (subclass 187 visa).
Under the subclass 186 visa and subclass 187 visa, applicants can be nominated and apply for a number of streams for permanent residency, including a subclass 186 visa in the Temporary Residence Transition Stream (TRT visa).
Seema Chauhan Gold coast based registered migration agent told The Australia Today, Essentially if you were in Australia for 12 months between 1/2/2020 and 14/12/2021 and then move onto or were granted a 482 in short term stream you can progress to PR under the 3/4 year rule – same as MLTSSL 482 visa holders.”
The Minister may specify, by legislative instrument, requirements in the Regulations.
These matters include:
· Specifying persons who hold a subclass 482 visa in the short-term stream at the time of application are eligible to be nominated for a position in Australia.
· Different periods of time that apply to paragraphs 5.19(5)(e), (f) and (g) of the Regulations for specified persons.
· Specifying persons exempted from the operation of paragraph 5.19(5)(c) of the Regulations.
The purpose of the new announcement is to specify a new cohort of specified persons who, after 30 June 2022, will be eligible to meet requirements under regulation 5.19 of the Regulations for applications seeking approval for a nomination of a TRT visa.
It also exempts the new specified persons and an additional cohort of subclass 457 visa holders after 30 June 2022 from the operation of paragraph 5.19(5)(c) of the Regulations.
7 Additionally, the instrument continues specifying the matters specified in Migration (IMMI 18/052: Specified Persons and Period of Time for Regulation 5.19) Instrument 2018 (IMMI 18/052). IMMI 18/052 operated to:
· specify a cohort of persons who may hold a subclass 482 visa in the Short-term stream that may be eligible for permanent residency for subparagraph 5.19(5)(a)(iii);
· specify different time periods for paragraphs 5.19(5)(e), (f) and (g) which apply to specified persons, and for persons who experience a COVID-19 reduced work period or a COVID-19 unpaid leave period as defined in the instrument; and
· exempt certain persons from the operation of paragraph 5.19(5)(c) of the Regulations.
