From 1 July 2022, laws were changed to allow certain Temporary Work (Skilled) (subclass 457) visa holders and Temporary Skill Shortage (subclass 482) visa holders, who were not previously eligible to do so, to apply for an Employer Nomination Scheme visa (subclass 186) visa through the Temporary Residence Transition (TRT) stream.
The changes will provide pathways to permanent residency for:
- Existing Temporary Skill Shortage (subclass 482) visa holders in the short-term stream; and
- Legacy Temporary Work (Skilled) (subclass 457) visa holders who no longer meet the age requirement.
The new law applies to subclass 457 visa holders and short-term stream subclass 482 visa holders who applied for their visa after 18 April 2017 and can show:
- They were in Australia for a period at least 12 months between 1 February 2020 and 14 December 2021; and
- They are employed by a business that is actively and lawfully operating in Australia.
To apply for the subclass 186 visa with this concession, you must have worked for your employer in your nominated occupation for at least three of the last four years as the holder of a subclass 457 and/or subclass 482 visa. You must also be under the age of 45 unless you are exempt from the age requirements.
The new law also applies to those who, on 18 April 2017:
- Held a subclass 457 visa; or
- Had applied for a subclass 457 visa that was subsequently granted.
To apply for a subclass 186 visa with this concession, you must have worked for your employer in your nominated occupation for at least two of the last three years as the holder of a subclass 457 and/or subclass 482 visa. You must be under the age of 50 unless you are exempt from the age requirements.
These exemptions will be available for a period of two years from 1 July 2022.
The new law also provides allowances for reduced work caused by COVID-19. The ‘COVID-19’ reduced work period will apply where from 1 February 2020, the eligible visa holder was not employed on a full-time basis or was on unpaid leave, but would have otherwise been working full-time if not for the COVID-19 pandemic.
Please note that all applicants must still meet the English, health, and character requirements for the subclass 186 visa.
Please note the above is general information only and is not intended to be legal advice. To get more information and check your eligibility, please contact Amity Lawyers on 03 8630 2828 and speak to one of our experienced immigration lawyers or alternatively email us at firstname.lastname@example.org.