New changes for Temporary Work Visas

From July 1, 2022 new changes for Temporary Skill Shortage (TSS) subclass 482 (Short-term stream) and Temporary Work (Skilled) subclass 457 visa holders will be available and will extend to temporary skilled workers who stayed in Australia during the pandemic. The purpose of these changes is to create pathways to permanent residence.

Temporary Skill Shortage (TSS) visa holders in the short-term stream

Temporary Skill Shortage (TSS) subclass 482 visa holders in the short-term stream will be able to access permanent residence through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa.

To be eligible TSS visa holders must:

• have been in Australia for 12 months or more between 1 February 2020 and 14 December 2021

• meet all other nomination and visa requirements for the TRT stream of the ENS visa.

This pathway will be open for two years to those meeting the above criteria.

These changes will also apply to Temporary Work (Skilled) subclass 457 visa holders with an occupation on the Short-term Skilled Occupation List (STSOL). They will be able to access a TRT stream of the ENS without having to first apply for a TSS visa.

Transitional arrangements for subclass 457 visa holders to a permanent residence pathway through the TRT stream of the ENS introduced when the subclass 457 visa was replaced by the TSS visa were due to end on 18 March 2022 however they will continue to be available and are to be reviewed within two years.

Age Exemption for Legacy Temporary Work (Skilled) subclass 457 visa holders who no longer meet the age requirement

Legacy subclass 457 visa holders will be able to request an age exemption when applying through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa.

To meet the age exemption requirements legacy subclass 457 visa holders must:

• have held a subclass 457 visa on or after 18 April 2017

• have been in Australia between 1 February 2020 and 14 December 2021 for 12 months or more

• meet all other nomination and visa requirements for the TRT stream of the ENS visa.

The age exemption will be available for two years.

Temporary Skill Shortage (TSS) subclass 482 (Short-term stream) visa holders wishing to apply for a third TSS visa in Australia

Former TSS visa holders, who contributed to Australia’s workforce during the COVID-19 pandemic, will be able to apply for a third short-term stream TSS visa while in Australia. This measure is designed to enable potential applicants to remain in Australia and meet nomination requirements for an ENS visa under the TRT stream.

To meet eligibility criteria applicants must:

• have held not more than two short-term stream TSS visas

• have been in Australia between 1 February 2020 and 14 December 2021 for at least one year while holding a TSS (Short-term stream) visa

• meet all other nomination and visa requirements for the TSS (Short-term stream) visa.

• hold a substantive or bridging (A, B or C) visa at the time of application.

The third TSS visa will be accessible until early July 2023.