482 Visa To Permanent Residency

482 Visa To Permanent Residency

With all of the PR benefits, 482 Visa is one of the most popular routes to permanent residency. To be eligible for the 482 TSS visa (Long Term Stream), candidates need to fulfill the subsequent requirements: The Medium and Long-Term Strategic Skills List must include your line of work.

One of the main characteristics of the TSS 482 Visa is that, depending on the applicant's region and the stream, there are avenues to Permanent Residency (PR) through the Employer-Sponsored Temporary Transition Stream (ENS) or the Regional Employer Sponsored Scheme (RSMS).

Streams of the TSS Visa

First and foremost, it's critical to understand the three 482 Visa streams. This is a crucial factor in figuring out how to apply for the 186.

The three streams of TSS:

  • The medium-term stream
  • The short-term stream
  • The labor agreement stream

Depending on whose visa stream you are in, your possibilities for switching from a TSS visa to a PR visa will vary.

Check your visa grant notice if you are not sure which stream you are in.

Below, we list the possible alternatives for each stream.

From a Medium-Term TSS Visa to Permanent Residency

Individuals holding jobs on the Medium and Long-term Strategic Skills List (MLTSSL), including engineers, IT specialists, healthcare workers, and other occupations, have an effective path to permanent residency through the Employer Nomination Scheme (ENS) visa subclass 186.

There are two different methods to go from a 482 visa to permanent residency under the Employer Nomination Scheme (ENS) visa subclass 186: the Direct Entry stream and the Temporary Residence Transition stream.

186 Direct Entry Stream

For those with a 482 visa who have not worked for their nominating employer for at least two years, this pathway is appropriate. This stream requires applicants to submit to a formal skills assessment administered by the appropriate assessing authority that is pertinent to their line of work.

The skills evaluation confirms that the candidate has the credentials and abilities needed for the job they have chosen.

After receiving the results of the skills evaluation, candidates can move on with their employer's nomination and the ensuing visa application.

186 Temporary Residence Transition Stream

The 186 Temporary Residence Transition (TRT) stream is a pathway for skilled workers in Australia who currently hold a Temporary Skill Shortage (TSS) visa (subclass 482) or a Temporary Work (Skilled) visa (subclass 457). This stream allows them to transition to permanent residency. To be eligible, applicants must have been employed by the same employer for at least three years, in the same position that was nominated for their temporary visa, and their employer must provide ongoing support for their permanent residency. This pathway is designed to provide stability and long-term career opportunities for skilled workers, helping them and their families to establish a permanent life in Australia while addressing labor shortages in various industries.

From a Short-Term TSS Visa to Permanent Residency

Transitioning from a Short-Term Temporary Skill Shortage (TSS) visa (subclass 482) to permanent residency in Australia can be a complex but achievable process. While the Short-Term TSS visa is initially granted for up to two years and is intended for filling temporary skill gaps, there are pathways for those who wish to make Australia their permanent home. One common route is through the Employer Nomination Scheme (ENS) subclass 186 visa, particularly under the Temporary Residence Transition (TRT) stream.

To qualify, the applicant must have worked for the same employer for at least three years in the nominated occupation while holding the TSS visa. Additionally, the employer must be willing to nominate the employee for permanent residency. Another option could be transitioning to a Medium-Term TSS visa, which allows for up to four years of stay and offers a more direct pathway to permanent residency under the TRT stream. This pathway ensures that individuals who have demonstrated their skills and commitment to their Australian employers can continue contributing to the Australian economy on a permanent basis, thus benefiting both the individuals and the broader community.

Labour Agreement Stream

The Labour Agreement stream is a part of the Employer Nomination Scheme (ENS) subclass 186 visa, designed for skilled workers nominated by an employer through a labor agreement. Labor agreements are formal arrangements negotiated between the Australian government and employers, addressing specific labor shortages that cannot be met through the standard skilled migration programs. These agreements can be tailored to the needs of various industries and include concessions to standard visa requirements, such as English language proficiency, skill levels, and salary benchmarks.

To be eligible for the Labour Agreement stream, applicants must be nominated by an employer with a valid labor agreement, meet the skills, qualifications, and English language requirements specified in the agreement, and have at least three years of relevant work experience unless otherwise specified. This stream provides a pathway to permanent residency for workers in industries facing significant skill shortages, ensuring that employers can fill critical roles while offering employees the opportunity to settle permanently in Australia.

There are advantages that a labor agreement might provide for 482 candidates. The primary advantages that could apply to you are:

  • Application eligibility for the 186 over 45
  • Applying without having to take a formal English test
  • Exceptions for particular professions that don't appear on the pertinent listings of professions.

All 186 Applications have Their Own Requirements

The Employer Nomination Scheme (ENS) subclass 186 visa provides a pathway to permanent residency for skilled workers in Australia. This visa is divided into three streams, each with its own set of requirements: the Temporary Residence Transition (TRT) stream, the Direct Entry stream, and the Labour Agreement stream. You must fulfill the following requirements in order to apply for the 186:

Temporary Residence Transition (TRT) Stream: This stream is for applicants who hold a Temporary Skill Shortage (TSS) visa (subclass 482) or a Temporary Work (Skilled) visa (subclass 457) and have worked for their nominating employer for at least three years in the nominated occupation. The employer must continue to sponsor the applicant for permanent residency. The applicant must also meet specific skill and English language requirements.

Direct Entry Stream: This stream is intended for applicants who are either outside Australia or have not worked for their nominating employer for three years. To be eligible, applicants must have their occupation on the relevant skilled occupation list, possess a positive skills assessment for their occupation, and have at least three years of relevant work experience. Additionally, they must meet the required English language proficiency and be under the age of 45 at the time of application.

Labour Agreement Stream: This stream is for skilled workers nominated by an employer through a labor agreement, which is a formal agreement between an employer and the Australian government. These agreements are designed to fill labor shortages that cannot be addressed through standard visa programs. Applicants must meet the skill, qualifications, and English language requirements specified in the agreement and generally need at least three years of relevant work experience unless otherwise specified in the agreement.

Each stream of the 186 visa ensures that skilled workers have a clear pathway to permanent residency while addressing the diverse needs of the Australian labor market and employers.

Alternative Ways to Move from a 482 to PR

Moving from a Temporary Skill Shortage (TSS) visa (subclass 482) to permanent residency (PR) in Australia can be achieved through several alternative pathways, apart from the 186 visa. Here are some options:

Regional Sponsored Migration Scheme (RSMS) Subclass 187 Visa:

  • For skilled workers nominated by an employer in regional Australia.
  • Similar to the ENS subclass 186, it offers two streams: the Temporary Residence Transition (TRT) stream and the Direct Entry stream.
  • Applicants must meet specific skill, qualification, and English language requirements.
  • This visa has been replaced by the 494 visa but existing 187 visa holders can still apply for PR.

Skilled Nominated Visa (subclass 190):

  • A points-tested visa for skilled workers nominated by a state or territory government.
  • Applicants must have an occupation on the relevant skilled occupation list and obtain a positive skills assessment.
  • Points are awarded based on factors like age, English proficiency, work experience, and education.
  • State or territory nomination adds extra points to the applicant’s score.

Skilled Work Regional (Provisional) Visa (subclass 491):

  • A points-tested visa for skilled workers nominated by a state or territory government or sponsored by an eligible family member residing in a designated regional area.
  • Applicants must have an occupation on the relevant skilled occupation list and obtain a positive skills assessment.
  • Requires living and working in a designated regional area for three years before applying for permanent residency through the subclass 191 visa.

Skilled Independent Visa (subclass 189):

  • A points-tested visa for skilled workers who are not sponsored by an employer, state, or family member.
  • Applicants must have an occupation on the relevant skilled occupation list and obtain a positive skills assessment.
  • Points are awarded based on age, English proficiency, work experience, and education.
  • No requirement to have an employer sponsor, providing more flexibility in job choice and location.

Employer Sponsored Regional (Provisional) Visa (subclass 494):

  • For skilled workers sponsored by an employer in regional Australia.
  • Replaced the RSMS subclass 187 visa.
  • Requires working for the sponsoring employer in a regional area for three years to become eligible for the Permanent Residence (Skilled Regional) visa (subclass 191).

Global Talent Independent Program:

  • Targets highly skilled individuals in specific sectors.
  • Candidates must demonstrate an internationally recognized record of exceptional and outstanding achievement in one of the target sectors.
  • Provides a fast-tracked pathway to permanent residency.

Distinguished Talent Visa (subclass 858):

  • For individuals with an internationally recognized record of exceptional and outstanding achievement in a profession, sport, the arts, or academia and research.
  • Requires nomination by an Australian citizen, permanent resident, eligible New Zealand citizen, or Australian organization with a national reputation in the field.

These pathways provide various options for transitioning from a 482 visa to permanent residency, depending on the applicant’s circumstances, skills, and employment situation. Each option has its specific requirements and processes, so it’s essential to evaluate which pathway best aligns with the individual’s qualifications and career goals. 

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Frequently Asked Questions?

The TRT stream allows 482 visa holders to apply for permanent residency after three years with the same employer in the nominated occupation.

Yes, if you meet the criteria, including having a positive skills assessment and three years of relevant work experience in a listed occupation.

Applicants typically need to demonstrate proficiency through tests like IELTS, with scores meeting the specific stream requirements.

Yes, for pathways like the TRT and Labour Agreement streams, ongoing employer sponsorship is essential for PR application.

It requires state or territory nomination, a positive skills assessment, and meeting points-test criteria for skilled workers.

Yes, the Skilled Work Regional (subclass 491) visa requires living and working in regional areas for three years before PR eligibility.

Most PR pathways have an age limit of 45 years at the time of application, with some exceptions under specific streams.

It allows 482 visa holders to transition to PR under employer-specific agreements addressing skill shortages, with tailored requirements.

Yes, eligible family members can be included in your PR application, subject to meeting health and character requirements.

It offers a fast-tracked PR pathway for individuals with internationally recognized achievements in targeted sectors.