It was not too long ago when Short-term TSS (Temporary Skills Shortage) 482 visa holders did not have the option of applying for permanent residency (PR) in Australia. These pathways were only available to employees in the Medium- and Long-Term Strategic Skill List (MLTSSL). However, recent changes in Australian immigration laws bring forth good news for Short-term TSS 482 visa holders; they will now be eligible to apply for PR.

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The Department of Home Affairs stipulated that from 25th November 2023, all 482 visa holders will have access to PR after a period of 2 years. PR pathways have also been introduced for Short-Term 482 visa holders – this includes options such as the Temporary Residence Transition (TRT) stream of the Employer Nomination (subclass 186) visa.

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And this is not the only change. Changes have been implemented in the Temporary Skilled Migration Income Threshold (TSMIT), where the initial AUD 53,900 has been increased to AUD 70,000. This will be addressed later in the article.

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These changes have been implemented to expand pathways for TSS workers looking to opt for permanent residence in Australia. This will also be an important update for employers as they will now hold a wider range of occupations available for permanent employer-sponsored pathways, which in turn will greatly reduce skills shortages.

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Unpacking the Short-term 482 Visa

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When it comes to the TSS 482 visa, there are several streams an applicant can choose from:

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• Short-term stream
• Medium-term stream
• Labour agreement stream
• Subsequent entrant

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The Short-term stream enables Australian employers to address labour shortages in the country by employing skilled workers. This is carried out in scenarios where the employer cannot source an appropriately skilled Australian worker to fill the shortage.

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482 visa holders under this stream are eligible to:

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• Work in Australia for up to 2 years for their sponsor OR
• Work in Australia for up to 4 years if an International Trade Obligation (ITO) is applicable OR
• Work in Australia for up to 5 years if the visa holder has a Hong Kong passport
• Study in Australia (government assistance will not be provided under this stream)
• Travel to and from Australia multiple times, as long as the visa is valid
• In accordance with the new regulations, apply for PR

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What is an ITO?

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An ITO is a commitment made by Australia with another country under an international trade agreement – this can be beneficial to Short-term 482 visa holders who fall under the ITO categories. An ITO is applicable if:

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• The applicant is an intra-corporate transferee:‍
• Their company is based in a World Trade Organization (WTO) member country or territory
• They hold either an executive or senior manager occupation
• They belong to a WTO member country or territory OR‍
• They are a Chinese citizen and an intra-corporate transferee, an independent executive/contractual supplier OR
• They are an intra-corporate transferee from a Singaporean company and a Singapore permanent resident/citizen OR
• They are an intra-corporate transferee from a Thai company and a Thai permanent resident/citizen OR
• Their Thailand-based businesses want to start a business in Australia:‍
• The applicant must hold either an executive or senior manager occupation
• The applicant must be a Thai citizen‍
• They are a contractual service supplier and a Thai citizen

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Understanding the Recent Changes for the Short-term 482 Visa

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There are several changes taking place within this particular stream.

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Initially, if a Short-term stream 482 visa holder’s visa was expiring, they had 2 options to pursue if they wished to continue working with their existing employer. They would either have to apply for a new visa from scratch or have their employer submit a new nomination.

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With the implementation of new regulations, the limit on the number of TSS visas that can be applied for onshore (in Australia) under the Short-term stream will be removed. Applicants thereon can lodge further applications without having to leave the country.

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Applicants who wanted to apply for a third visa mandatorily had to travel offshore and lodge their application from overseas. This was a cause of major inconvenience for both Australian employers and their employers due to the visa and travel costs, decrease in productivity, etc.

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There is also a chance for PR criteria under the Employer Nomination Scheme – as of now, employers will be able to nominate TSS visa holders across all streams, including the Short-term stream.

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Changes to the Nominated Occupations List for Australian Skills Visa

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An applicant’s nominated occupation is an integral part of their application as it has to be present on particular occupation lists – giving the applicant a higher chance of securing a skilled visa.

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To nominate an occupation for their visa application, applicants must ensure that their skills assessment is conducted by a relevant authority and that the assessment takes the applicant's qualifications and work experience into consideration.

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Here onwards, nominated occupations will no longer be assessed against the skilled migration occupation lists. Instead, the nominated occupation will need to be listed in ANZCO (Australian and New Zealand Standard Classification of Occupations) – and the nominated applications will need to continue working in the occupation that has been nominated in their TSS visa.

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The Employer Nomination Scheme (subclass 186) allows skilled workers to work and reside in Australia permanently – and is often the next step for skilled visa workers looking to obtain PR. The current overarching eligibility criteria for a 186 visa in the TRT stream is that applicants must work for their sponsoring employer for 3 years in the same occupation while holding a 482 visa. The amendments mean that the 3-year criterion has been reduced to 2 years.

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Changes will also be carried out to the age exemptions for regional medical practitioner applicants and high-income applicants aged 45 years and above. They will now be allowed a 2-year pathway into Australia. The COVID-19 age exemptions are now null and void thanks to this new pathway. However, more details are yet to arrive from the Department of Home Affairs.

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Raising the TSMIT

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Temporary Skilled Migration Income Threshold (TSMIT) is a minimum salary requirement for employers sponsoring foreign workers on any 482 visa. This is in place because the Australian government wants 482 visa holders to be paid an acceptable market rate for the work they do; along with ensuring that Australian workers are not put in a disadvantaged position.

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The TSMIT was increased from AUD 53,900 to AUD 70,000 as of 1st July 2023. Any nomination applications submitted after that date must meet the new TSMIT of AUD 70,000 or the annual market salary rate – whichever rates higher. Existing visa holders and nominations approved before the date will not be impacted by this change.

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Here are some important pointers for your Australian skilled visa:

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• The rise of the TSMIT does not impact the current 482 visa holders
• The TSMIT is tied to the nomination application of the business, not the visa holder
• If the nomination has already been approved before 1st July 2023, the visa holder is not required to meet the new TSMIT when they lodge a new visa application

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Kindly note that the changes may vary as legislation surrounding the changes is yet to vary.

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Simply put, anyone nominated on a 482 visa post 1st July must be paid AUD 70,000 annually or higher, or the correct annual market salary for their specific role. This is based on a standard work week in Australia, which spans approximately 38 hours. Employees must also be paid superannuation payments, bonuses and commission payments along with the baseline salary.

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It is important to discuss your particular visa requirements with our Australian migration lawyer. 

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Short-term 482 to PR 186

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Any skilled worker under the TSS 482 visa can apply for PR through the Employer Nomination Scheme (subclass 186) Temporary Residence Transition (TRT) stream.

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Under the 186 visa, one can:

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• Live, work and study in Australia indefinitely
• Sponsor eligible family members to come to Australia
• Apply for Australian citizenship (if eligible)
• Enrol in Australia’s public healthcare scheme: Medicare
• Travel to and from Australia multiple times for 5 years

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Here are the eligibility details for applicants wishing to opt for PR through a Short-term 482 visa. Applicants must:

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• Have the required skills and qualifications needed to perform tasks under their nominated occupation
• Licensed, registered or a member of a professional body if it is a mandatory requirement in the state or territory they intend to live and work in
• Be nominated by the employer that sponsored their TSS visa:‍
• Applicants must have worked for their sponsor for at least 2 years ‍
• Be under the age of 45 – applicants exempt from this criterion usually are:‍
• Nominated as an academic (university lecturer or faculty head at Academic Level B, C, D or E) by a university in Australia
• Nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
• Nominated medical practitioner and in the 3 years immediately before they apply have worked in that occupation in a designated regional area of Australia for at least 2 years as a subclass 457 or 482 visa holder. The nominated position is in a designated regional area of Australia‍
• Have competent English skills
• Meet Australia’s health requirements (the applicants and any family members applying with them)
• Meet Australia’s character requirements (the applicants and any family members aged 16 years or above applying with them)
• Sign the Australian values statement
• Have paid back any outstanding debt to the Australian government
• Not have had a previous visa cancelled or a previous application refused

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Correct documentation is one of the most integral parts of any visa application. Applicants must ensure that they have the following documents prepared before proceeding with their 186 visa application:

• Identity documents:‍
• Passport
• National identity card (if applicable)
• Proof of name change (if applicable)‍
• Evidence of any license, registration, or professional membership that is mandatory to perform within one’s nominated occupation – in the state or territory they intend to work in (if applicable)
• Skills assessment (if the government requires an applicant to undergo one)
• Age exemption documents (if applicable)
• Documents proving that the applicant holds competent English skills (there are no exemptions for this criterion)
• Health documents
• Character documents: ‍
• Applicants must provide an Australian police certificate if they have spent a total of 12 months or more in Australia during the last 10 years since they turned 16.
• Only complete disclosure National Police Certificates issued by the Australian Federal Police will be accepted – these will be valid for 12 months from the date of issue
• An overseas police certificate from every country (including home country) the applicant has spent a total of 12 months in or more in the last 10 years since they turned 16
• Military service records or discharge papers if the applicant has served in the armed forces of any country ‍
• Partner documents (if applicable)
• Dependents’ documents (if applicable)

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Conclusion

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Short-term 482 visa holders can now sigh in relief, as they too are eligible to obtain permanent residency in Australia.

However, kindly note that there may be changes to the regulations carried out by the Department of Home Affairs. In the case of any amendments pertaining to PR pathways for Short-term 482 visa holders, Path Migration will provide timely updates.

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Disclaimer

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The information provided in this blog does not replace legal advice. You should not act based on the information provided here without a personalized consultation. Path Migration recommends clarifying any doubts with our expert and highly experienced legal team.

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