Short Term Stream 457 and 482 Permanent Residency Applications under the 186TRT Pathway

Short Term Stream 457 and 482 Permanent Residency Applications under the 186TRT Pathway

The Department of Home Affairs has released the Legislative Instrument that details the conditions under which 457 and 482 Visa holders may apply for Permanent Residency under the 186 Temporary Residence Transition stream.

The legislation is quite complex and there are items that have been identified that will require further explanation from the Department. The Migration Institute of Australia is currently seeking these clarifications.

The instrument identifies two types of specified persons.

A person who held an SC 457 or was an applicant for an SC 457 that was subsequently granted before 18^th April 2017,
OR

Commencing on 1 July 2022 – had been in Australia for at least 12 months [cumulatively] between 1 February 2020 and 14 December 2021

AND

at the time of application is employed by a person actively and lawfully operating a business in Australia.

There is no eligible visa mentioned in this section which opens a pathway for people who were working for Employers on visa classes other than 457 or 482 to take advantage of this program by applying for a 482 Visa on the Short Term Stream and transitioning to a 186 TRT after 3 years.

There are still requirements for the employee to work for a period of time to be eligible which is for 457 Visa Holders (applied or granted prior to 18 April 2017) two full years in the past 3 years and for all other applicants three full years in the past 4 years. It must be for the same employer.

There is an issue still with a limitation of 2 482 visa applications on-shore and we are waiting to see if the Department will relax this rule. If not, the applicant will have to go off-shore to lodge a further application.

The instrument makes allowance for people who were unable to work or had a work limitation that was directly related to Covid restrictions and the 2 or 3 year period may be reduced by that time.

If you believe yourself or your employees are eligible to take advantage of this change please get in touch with us today.