Thinking | 21 March 2022

Australian permanent residence update for TSS and 457 visa holders for short-term occupations from 1 July 2022

By Kristopher Kunasingam and Mark Dunphy

New legislation has been passed to create a permanent residency (PR) pathway for visa holders who are employed under the two-year Short-term occupation list. This cohort would ordinarily not qualify for PR under the Employer Nomination Scheme (ENS) visa. These measures have been introduced in response to the strong labour market and declining number of temporary visa holders in Australia. This comes after the Federal Government’s 25 November 2021 announcement on the reopening of borders and supporting the economic recovery.

From 1 July 2022, employers will be able to nominate their employees for PR under the ENS provided they:

  1. were in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
  2. meet the rules around the Temporary Residence Transition stream requirement, which generally means working for the same employer for three years on a 457 or 482 visa.

We will provide a further update after reviewing the legislation in detail. In the meantime, if you have an immediate query please contact us.

Contact

Kristopher Kunasingam

Kristopher leads the firm's migration practice. He specialises in employment-related migration to Australia.

Mark Dunphy

Mark is an employment lawyer experienced in litigious and non-litigious applications of employment and industrial relations law.

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