Concessions to 482 Visa holders to transition to 186 ENS

Immigration lawyers

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

OccupationANZSCO codeOccupationANZSCO code
aquaculture farmer121111ship’s master231213
cotton grower121211multimedia designer232413
fruit or nut grower121213wine maker234213
grain, oilseed or pasture grower (Aus)/field crop grower (NZ)121214conservation officer234311
mixed crop farmer121216exercise physiologist234915
sugar cane grower121217vocational education teacher242211
crop farmers (nec)121299environmental health officer251311
beef cattle farmer121312dentist252312
dairy cattle farmer121313anaesthetist253211
deer farmer121314intellectual property lawyer271214
goat farmer121315translator272413
horse breeder121316community arts worker272611
mixed livestock farmer121317agricultural technician311111
pig farmer121318operating theatre technician311214
sheep farmer121322pathology collector311216
livestock farmers (nec)121399construction estimator312114
mixed crop and livestock farmer121411surveying or spatial science technician312116
public relations manager131114mechanical engineering draftsperson312511
policy and planning manager132411safety inspector312611
project builder133112maintenance planner312911
procurement manager133612building and engineering technicians (nec)312999
medical administrator134211vehicle painter324311
regional education manager134412floor finisher332111
sports administrator139915electrical linesworker342211
caravan park and camping ground manager141211zookeeper361114
post office manager142115nurseryperson362411
amusement centre manager149111gas or petroleum operator399212
fitness centre manager149112dental hygienist411211
sports centre manager149113dental therapist411214
cinema or theatre manager149912emergency service worker441211
financial institution branch manager149914driving instructor451211
human resource adviser223111funeral workers (nec)451399
workplace relations adviser223113flight attendant451711
policy analyst224412first aid trainer451815
liaison officer224912jockey452413
market research analyst225112clinical coder599915
aeroplane pilot231111property manager612112
flying instructor231113real estate representative612115
helicopter pilot231114

 

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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