If you are working in Australia on a Temporary Skill Shortage (TSS) visa and want to become a permanent resident, here is some good news for you!
The Australian Government offers various pathways to permanent residency to TSS visa holders. One of the most common pathways to PR is transition via a Temporary Residence Transition (TRT) stream. This stream is a part of the Employer Nomination Scheme (subclass 186). Transitioning from 482 to PR via TRT stream includes proper understanding of both streams, fulfilling associated requirements, and filling out the application form correctly.
Read this article to learn all about the transitioning pathway from 482 to permanent residency. Before moving forward, let’s first understand the difference between these two streams.
What is a Temporary Skills Shortage Visa (Subclass 482)?
A temporary skills shortage visa (subclass 482) allows skilled workers to live and work in Australia for a specific time period. The purpose of this visa is to meet the labor force shortage in the country by inviting overseas workers in areas where employers cannot find suitable Australian workers. There are four different streams of this visa; short-term, medium-term, labor agreement and subsequent entrant stream.
What is a Temporary Residence Transition stream (Subclass 186)?
A Temporary Residence Transition (TRT) stream is designed for those skilled workers, who are nominated by their employer, allowing them to live in Australia permanently. Visa holders can live and work in Australia indefinitely under this stream. Moreover, candidates can also apply for Australian citizenship in future if they meet certain eligibility criteria.
Now, let’s analyze how you can get PR in Australia as a TSS holder visa TRT stream.
482 Visa to Permanent Residency Pathway
482 Visa to PR pathway involves meeting the certain requirements set by the Immigration Department and submitting a flawless visa application. Let’s explore how you can do this.
Eligibility Requirements for 482 to Permanent Residency Transition
If you are a 482 visa holder and planning to gain PR, you must meet the following requirements in order to be eligible for the 186 visa stream:
- Your occupation must be mentioned on the Medium and Long-Term Strategic Skills List (MLTSSL).
- In order to apply for permanent residence, you must have worked for the same employer for approximately 2 years under a TSS visa.
- You must have worked in the same occupation or skill set for almost 2 years under your TSS visa.
- You must be competent and fluent in the English language.
- You must be under 45 years of age at the time of application submission for PR.
New Rules for 482 Visa to Permanent Residency
On November 25, 2023, the Australian Government announced major changes to eligibility criteria for transition from 482 to 186 TRT stream. These changes include the following:
- The Government reduced the employment duration from three years to two years for TSS visa holders to apply for TRT stream (subclass 186).
- Moreover, the Government broadened the occupation list by including Short-term Skilled Occupation List (STSOL), in addition to Medium and Long-term Strategic Skills List (MLTSSL).
Other Requirements of Temporary Resident Stream (Subclass 186)
In addition to following the above requirements, you must satisfy the following conditions:
- You must have the required skills and qualifications needed for your nominated occupation.
- You must meet certain health and character requirements set by the Department of Home Affairs.
- You must now owe any money to the Australian Government.
- You must not have had any visa canceled or refused in the past.
- You must hold a relevant Bridging visa A, B, C, or subclass 457 or TSS (482).
Step-by-Step Process for Transition from 482 to Permanent Residency
If you are a TSS visa holder, follow these steps to apply for permanent residency via a TRT stream of Employer Nomination Scheme (Subclass 186):
- Check your eligibility.
- Ask your employer for a nomination.
- Gather your documents.
- Apply for the 186 visa.
- Wait for the visa outcome.
Let’s discuss each step in depth to develop a better understanding of the application process.
Step 1: Check Your Eligibility
To apply for a temporary residence transition stream, ensure that your occupation is on the Medium and Long-term Strategic Skills List (MLTSSL) or Short-term Skilled Occupation List (STSOL). In addition, ensure that you meet all the other visa requirements.
Step 2: Ask Your Employer for a Nomination
It is necessary to ensure whether your sponsor is willing to sponsor you for PR under the Temporary Residence Transition stream. If he is willing to sponsor you, he is required to lodge a valid nomination application with the Department of Home Affairs. If the Department approves the application, he can nominate you to apply for the 186 visa.
Step 3: Gather your Documents
Once you receive the nomination invitation to apply for the visa, the next step is to gather and organize all the required documents. Here is the list of documents required for a 186 visa in Australia:
- Identity documents include a passport, identity card, and birth certificate.
- Provide evidence of any license, registration, or professional membership to work in the nominated occupation.
- Evidence of positive skills assessment.
- Evidence of English language proficiency.
- Police clearance certificate.
- Medical examination results.
Translate all these documents into English.
Step 4: Apply for the Visa
After translating and scanning your documents, organize them properly. The next step is to apply for the 186 visa. To do this, follow these steps:
- Register yourself on the ImmiAccount website.
- Download the application form for the Temporary Residence Transition (TRT) stream.
- Fill out the application form carefully.
- Attach all the required and supporting documents.
- Pay the visa fee and submit the application form.
An important piece of advice for you:
Always keep in mind that your application is complete and correctly filled. Providing incomplete or inaccurate information can result in visa refusal in Australia.
Step 5: Wait for the Visa Outcome
After submitting your visa application, wait for the outcome patiently. The Department of Home Affairs is responsible for notifying you about the visa outcome. If your application is approved, you will receive an email notifying you about your visa grant number, the date your visa starts and your visa conditions.
On the other hand, if your application is refused you will receive an email outlining the reasons for refusal. Moreover, you will also be provided with the information whether you have a right to review the decision of the Department or not. So, stay tuned and keep on checking the status of your application on the website.
Processing Time of Transitioning From TSS To TRT
The processing time of TSS to TRT varies and can take several months. However, it depends on the complexity of each case and the volume of applications being received by the Department of Home Affairs.
Transitioning from 482 to PR visa Direct Entry (DE) Stream
Another route to permanent residency for holders of 482 visas is the Direct Entry stream (subclass 186).
It is also a stream of the Employer Nomination Scheme. You are not required to work for the same employer for a long time to be eligible for the DE stream as compared to the TRT stream.
Alternatively, if you fulfill the following requirements, you can apply for a permanent visa directly through this stream:
- You must have at least three years of work experience in your nominated occupation to apply for this stream.
- You must have obtained a positive skills assessment for your nominated occupation.
- You must fulfill certain English language and health requirements.
- You must have a valid employment offer from an Australian employer.
Who should apply for a Direct Entry stream?
Direct Entry Stream of Employer Nomination Scheme is suitable for:
- Candidates who don’t meet the eligibility criteria of a TRT stream.
- Candidates who want to change employers or sponsors while transitioning to PR.
Alternative Pathways to PR for TSS Visa Holders
Other alternative pathways to permanent residence for temporary skills shortage visa holders include the following:
- Skilled Independent visa (subclass 189)
- Skilled Nominated visa (subclass 190)
- Partner visa Australia
Choose a pathway that aligns with your interests and preferences.
Final Thoughts
Getting permanent residency in Australia after completing the 482 visa process is a crucial step toward establishing a long-term life there. Although the process seems difficult, with the proper guidance and planning, it is completely achievable. So, whether you choose the direct entry stream, TRT stream, or other alternative pathways, getting PR in Australia opens the door to a lot of job opportunities. So, if you really want to become a permanent resident, consider seeking help from an immigration lawyer.
Contact A Migration Agent to Avoid Visa Rejection
Seeking advice from an immigration specialist can help you go through the procedure more easily and improve your chances of success. The Migration is a registered organization that provides authentic visa consultation services. Schedule an online consultation now and get assistance throughout your visa application process.
Related Article: A Comprehensive Guide to Temporary Skills Shortage Visa (subclass 482)
FAQs
Does a TSS 482 visa lead to PR?
Yes, TSS visa holders can apply for permanent residency after working for three years with the same employer in Australia. The route to transition from TSS to TRT is provided by the TRT stream of the Employer Nomination Scheme.
What is the age limit for transitioning from a 482 visa to permanent residency in Australia?
You must be under the age of 45 to apply for permanent residence in Australia via the temporary residence transition stream of the Employer nominated program. However, there is no specified age limit for a 482 visa.
Can I apply for 189 visas while on 482?
Yes, you can submit an application for a Skilled Independent Visa (Subclass 189) while working on a TSS 482 visa in Australia.
I, Samavia Shahid, am a researcher and content writer at The Migration. I create easy-to-understand and informative content for people who want to move to Australia. My goal is to make the migration process simpler and less stressful for everyone.