Migration Update For Employers: PR For Short-Term TSS Visa Holders & Workforce Australia

Short-term TSS visa holders in Australia throughout the COVID-19 pandemic may be eligible for permanent residency, providing businesses an opportunity to retain their skilled employees during Australia’s labour shortage crisis.

Permanent Residency – Short-term TSS Visa Holders
From 1 July 2022 until 1 July 2024
, existing subclass 482 Temporary Skill Shortage (TSS) visa holders in the short-term stream will be able to apply for permanent residence through the Temporary Residence Transition (TRT) stream of the subclass 186 Employer Nomination Scheme (ENS) visa.

Existing subclass 457 visa holders in the Short-term Skilled Occupation List will also be able to apply.

To be eligible to apply, applicants must:

  • have been in Australia for a period of at least 12 months between 1 February 2020 and 14 December 2021; and 
  • meet all other nomination and visa requirements for the TRT stream of the ENS visa. 

Exemptions may be available for any unpaid leave period or reduced work period during the pandemic.

Workforce Australia – Labour Market Testing 
Advertisements were previously required to be placed on the Australian Government’s Jobactive website for the purposes of labour market testing. From 4 July 2022, Workforce Australia will replace Jobactive. 

Sponsors should ensure they familiarise themselves with the new Workforce Australia website, include the required information in the advertisement, advertise the position for at least four weeks within the four-month period immediately prior to lodging the nomination application, and provide requisite labour market testing evidence. 

If you would like assistance with standard business sponsorship and employer sponsored visas, please do not hesitate to contact Anna Lee.



 

Disclaimer – the information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.