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Concessions to 482 Visa holders to transition to 186 ENS

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. 

 

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
goat farmer 121315 translator 272413
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
liaison officer 224912 jockey 452413
market research analyst 225112 clinical coder 599915
aeroplane pilot 231111 property manager 612112
flying instructor 231113 real estate representative 612115
helicopter pilot 231114

 

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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