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This article is updated regularly. Last updated: July 2024
The Australian Government has announced changes that will allow short-term 457 or 482 visa holders to have a pathway to permanent residency in Australia after 2 years. If you have held and worked on a 482 visa for at least 2 years, you can apply for your PR. from November 25, 2023. The new rules started on November 25, 2023.
Employers will be able to nominate holders of all Temporary Skill Shortage (TSS) 482 visa, including Medium-term, Short-term, and Labour Agreement streams. The nominated person will need to have held their TSS or subclass 457 visa(s) for 2 out of the 3 years before nomination.
Before, only Temporary Skill Shortage (TSS) 482 visa holders whose occupations are on the Medium and Long-term Strategic Skills List (MLTSSL) could apply for an Employer Nomination Scheme (186) visa under the Temporary Residence Transition (TRT) pathway after 3 years of full-time employment with the sponsoring employer while on a 457 visa or 482 visa.
The 186 Temporary Residence Transition stream is available to the majority of 482 Temporary Skill Shortage visa holders. It will no longer be restricted to 482 visa holders with occupations listed on the Medium-term Skilled Occupation List. In addition, the required length of employment with your sponsoring employer will be reduced from 3 years to 2 years.
If your occupation is on the Short-term Skilled Occupation List (STSOL), you will also be eligible to apply for the 186 Temporary Residence Transition after working in Australia for your employer-sponsor with a 482 visa for 2 years.
Previously, medium-term occupations required 3 years on a 482 visa to be eligible to apply for permanent residency. When the changes start, all 482 streams can access PR and the work experience requirement will now be reduced to 2 years.
Common medium-term occupations include roles such as Registered Nurse, Diesel Mechanic, Carpenter, and more.
The changes will benefit most 482 visa holders, including individuals with occupations listed on the Short-term Skilled Occupation List. But there is still a requirement to meet 186 visa criteria, which include:
You can find more information about the 186 PR on our website.
Changes will be made to age exemptions for regional medical practitioner applicants and high-income earning applicants aged 45 years and over to allow for a two-year pathway. The high-income threshold is currently $175,000.
Apart from this, there are no other changes to the age requirement for 186 (PR).
Another change is that all short-term stream TSS visa applications can be lodged in Australia. Limits on the number of Short-term stream TSS applications visa holders can make in Australia will be removed. Applicants who wish to lodge a third or more Short-term stream TSS visa can do so from onshore.
Short-term stream TSS holders with visas expiring before the changes will need to travel outside Australia to lodge a third short-term stream TSS application.
The occupations include Marketing Specialist, Primary School Teacher, Cook, Cafe or Restaurant Manager, Enrolled Nurse, ICT Sales Representative, ICT Support Engineer, Middle School Teacher, ICT Project Manager, Finance Broker, Graphic designer, Accommodation and Hospitality Manager, Barber, Hairdresser, Jewellery Designer, Project and Program Administrator, Metallurgical or Materials Technician, Veterinary Nurse, and Conference and Event Organiser.
You can check all the occupations on the occupation list.
Nominated occupations will no longer be assessed against skilled migration occupation list.
The nominated occupation will need to be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the nominated worker will need to continue to work in the occupation nominated for their TSS visas).
The nominated occupation will need to have the same 4-digit ANZSCO occupation unit group code as the occupation in relation to which the identified person’s most recently held Subclass 457 visa or Subclass 482 visa was granted. This is an existing requirement and will not be changing. It goes along with the requirement for the 457/TSS holder to have been employed in the same position with the sponsoring employer.
For example, if your occupation is Marketing Specialist (ANZCO code 225113), you can also be nominated as an Advertising Specialist (ANZCO code 225111) because the first 4 digits are the same. However, you can't be nominated as a Sales and Marketing Manager (ANZCO code 131112) because the first 4 digits are different from the Marketing Specialist ANZCO code.
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This visa is for skilled applicants that wish to live and work in regional Australia for up to five years and does provide a permanent residency pathway. Applicants are required to have an employer in regional Australia to sponsor them.
Subclass 494 visa holders must live and work in a designated regional area of Australia for the duration of the visa (up to five years). The definition of regional Australia will be expanded and simplified to include all areas of Australia except the metropolitan areas of; Sydney, Melbourne and Brisbane.
In order to be eligible for permanent residency (the new subclass 191 visa) the applicant must continue to live and work in regional Australia for at least three years before applying.
Subclass 494 visa holders are eligible for Medicare, which helps with the costs of seeing a doctor, getting medicines and accessing other health services. Medicare does not cover all health related expenses and limits of coverage do apply. Visa holders should understand these limitations and assess their private health insurance options before arrival. Visit Medicare for further information.
Employer nomination requirements:
willing to sponsor you for an occupation that is available on this list
position is required for at least 5 years and is located in regional Australia
undertake labour market testing by publicly advertising the vacancy and was unable to be filled by an Australian citizen or permanent resident
pay the Skilling Australia Fund levy for each nominated employee of $3000 for a business with less than $10 million turnover, or $5000 with a higher turnover
pay a minimum annual salary of $70,000 (known as the TSMIT - Temporary Skilled Migration Income Threshold)
salary and conditions must be commensurate with what an Australian citizen or permanent resident would receive for the same position
gain Regional Certifying Body certification
Visa applicant requirements:
under 45 at the time of application
have three years of full-time paid work experience in the nominated occupation or a related field prior to application
obtained a positive skills assessment
have at least competent English - e.g. IELTS 6.0 for all bands or equivalent
Details are yet to be published, but the application process is expected to be similar to that for the Regional Sponsored Migration Scheme (Permanent) subclass 187 visa.
Work Visa Lawyers is highly experienced in all parts of the employer-sponsored visa application process.
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
This article is updated regularly. Last updated: Monday, 12th February 2024
NEW LEGISLATIONS ON TSS 482 VISA TO PERMANENT RESIDENCY 186 VISA HERE >
Temporary Skill Shortage (TSS) visa (subclass 482), popularly referred to as the “TSS visa” is the most common long duration temporary work visa for Australia.
You can apply for the TSS visa if you are sponsored by a company to work in Australia.
Here is an overview of what the TSS visa allows you (and your family – partner and children) to do in Australia:
While it sounds straightforward, the TSS (482) visa comes with its strict requirements and obligations on both the sponsoring business and the sponsored TSS visa applicant.
The medium-term stream if the TSS visa also allows you to apply for a RSMS subclass 187 permanent visa under the Transition stream.
TSS 482 Visa Application Process
TSS 482 Business Sponsorship Requirements
TSS 482 Sponsorship - How do I find a Sponsor?
TSS 482 Sponsorship Obligations
TSS 482 Nomination Requirements
TSS 482 Nomination – Occupation Requirements
TSS 482 Nomination – Labour Market Testing (LMT)
TSS 482 Nomination – Salary requirements including the TSMIT and Market Salary
TSS 482 Nomination – Position Requirements
TSS 482 Visa Application Requirements
TSS 482 Visa application – English Requirement
TSS 482 Visa application – Age Requirement
TSS 482 Visa Condition 8607
TSS 482 Visa and Changing Employers
TSS 482 Occupation List
TSS 482 Regional Postal Codes
What are common issues for the TSS 482 Visa?
TSS 482 Business Sponsor Compliance and Response to Monitoring
Our team of experience Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
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