Regulation 5.19 of the Migration Regulations 1994 prescribes the process and requirements for the approval of nominated positions in Australia, including Temporary Residence Transition (TRT) stream visas.
- A person who holds a subclass 482 visa in the short-term stream may be eligible for the transition stream of a subclass 186 visa pursuant to regulation 5.19(5)(a)(iii)
The Australian Parliament introduced a legislative instrument: Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022. Subsection 4(3) of the LIN 22/038 captures a person who, commencing on 1 July 2022, was in Australia for a cumulative total of at least 12 months between 1 February 2020 and 14 December 2021, and is employed by a person actively and lawfully operating a business in Australia at the time the nomination application is made. Specifying this cohort improves access to permanent residence for the existing subclass 482 visa holders in the short-term stream.
This recognises the contribution of skilled migrants to Australia during the COVID-19 pandemic, addresses Australia’s skills shortages and seeks to retain those skilled migrants in Australia beyond the pandemic.
In addition to Short-term stream (TSS) subclass 482 visa holders, this pathway is also available to Medium-term stream (TSS) visa holders with an occupation on the Regional Occupation List (ROL).
Regional Occupation List
|Occupation||ANZSCO code||Occupation||ANZSCO code|
|aquaculture farmer||121111||ship’s master||231213|
|cotton grower||121211||multimedia designer||232413|
|fruit or nut grower||121213||wine maker||234213|
|grain, oilseed or pasture grower (Aus)/field crop grower (NZ)||121214||conservation officer||234311|
|mixed crop farmer||121216||exercise physiologist||234915|
|sugar cane grower||121217||vocational education teacher||242211|
|crop farmers (nec)||121299||environmental health officer||251311|
|beef cattle farmer||121312||dentist||252312|
|dairy cattle farmer||121313||anaesthetist||253211|
|deer farmer||121314||intellectual property lawyer||271214|
|horse breeder||121316||community arts worker||272611|
|mixed livestock farmer||121317||agricultural technician||311111|
|pig farmer||121318||operating theatre technician||311214|
|sheep farmer||121322||pathology collector||311216|
|livestock farmers (nec)||121399||construction estimator||312114|
|mixed crop and livestock farmer||121411||surveying or spatial science technician||312116|
|public relations manager||131114||mechanical engineering draftsperson||312511|
|policy and planning manager||132411||safety inspector||312611|
|project builder||133112||maintenance planner||312911|
|procurement manager||133612||building and engineering technicians (nec)||312999|
|medical administrator||134211||vehicle painter||324311|
|regional education manager||134412||floor finisher||332111|
|sports administrator||139915||electrical linesworker||342211|
|caravan park and camping ground manager||141211||zookeeper||361114|
|post office manager||142115||nurseryperson||362411|
|amusement centre manager||149111||gas or petroleum operator||399212|
|fitness centre manager||149112||dental hygienist||411211|
|sports centre manager||149113||dental therapist||411214|
|cinema or theatre manager||149912||emergency service worker||441211|
|financial institution branch manager||149914||driving instructor||451211|
|human resource adviser||223111||funeral workers (nec)||451399|
|workplace relations adviser||223113||flight attendant||451711|
|policy analyst||224412||first aid trainer||451815|
|market research analyst||225112||clinical coder||599915|
|aeroplane pilot||231111||property manager||612112|
|flying instructor||231113||real estate representative||612115|
This concession’s pathway is currently available for two (2) years from 1 Jul 2022 and is adding to the previously announced changes in relation to (PR) pathways for Temporary Short subclass 482 visa holders with occupations on the Short-term Skilled Occupation List.
The concession has now extended to sponsored visa holders with occupations on the ROL, which were previously not eligible. These TRT arrangements are a welcomed change, yet the Migration Institute of Australia say further details await on accessing the concession. As of now, applicants for this visa will have to meet all other standard criteria, such as:
- Subclass 482 (ROL) visa holders must have worked full-time in their nominated occupation for their employer for at least 3 of the last 4 years as the holder of the visa.
- The employer must be eligible to sponsor them again for a permanent position.
Regarding the pathway being available for 2 years from 1 July 2022, the Department has stated that as LIN 22/038 is not end-dated before 1 July 2024, it would be a decision for the Government to close the pathway on 1 July 2024, or continue it.
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