Permanent Residency (PR) for Short-Term Subclass 482 Visa Holders
We are very pleased to announce that the Australian Government has released new legislation over the weekend, which will benefit a number of short-term subclass 482 visa holders who have been living and working in Australia during the pandemic period.
Prior to the release of this new legislation, short-term subclass 482 visa holders generally could not apply for permanent residency unless they were subject to the grandfathering/transitional arrangements – specifically, that they held (or had applied for) a 457 visa on 18 April 2017.
However, as a result of this new announcement, a short-term 482 visa holder will be eligible for PR if:
1. They have been in Australia for a period of at least 12 months between 1 February 2020 and 14 December 2021; and
2. Their employer is actively and lawfully operating a business in Australia; and
3. They have worked for that employer, in their nominated occupation, on a full-time basis*, for a period of at least three years.
These applicants will be entitled to apply for PR under the subclass 186 TRT scheme from 1 July 2022.
*It is important to note that there are also concessions to the requirement to have worked full-time for three of the last four years (per [3] above). If the applicant was required to take one or more periods of unpaid leave during the COVID-19 pandemic or was required to work on a basis other than full-time (e.g. part-time) during the COVID-19 pandemic, those periods of time can be counted towards the three year total in certain circumstances.
The new legislation also applies to grandfathered/transitional applicants, who held (or had applied for) a subclass 457 visa on 18 April 2017.
These applicants will be able to apply for PR if they now hold a short-term subclass 482 visa. They will only be required to have worked for their employer for a period of two of the last three years. Again, periods of COVID-19 related unpaid leave and reduced work can be counted towards this total in certain circumstances.
If you are a short-term subclass 482 visa holder (that is, you hold a subclass 482 visa granted in respect of a position on the short-term skilled occupation list – STSOL), and you have worked for your employer for three years (or you are close to this total), please contact us and we will be pleased to consider your suitability for PR under the new legislation.
Please note that if you hold, or have applied for, a subclass 482 visa under the medium-term stream (that is, your occupation is on the medium- and long-term strategic skills list – MLTSSL – 4-year visa) then your PR options/prospects are unaffected by this announcement.
