Note: On Sunday 18 Mar 2018, Department of Home Affairs announced that the Temporary Work (457) visa program has been replaced by the TSS (482) visa program.
Current 457 Visa Holders Transitional Arrangements (Various Scenarios)
457 to PR: Temporary Residence Transition (TRT)
If you held a 457 visa (or had applied for and were subsequently granted) before 18 April 2017, then you are eligible to apply for Permanent Residence via the TRT stream if the below requirements are met:
- You have worked full-time for the same sponsor for at least two years on the 457 visa
- You have worked in the same nominated occupation for the two years on the 457 visa
- You have at least Competent English
- You have been paid annual salary same as on your 457 nomination letter or higher
- You are under 50 years of age at the time of visa lodgement
457 visa granted on or after 18 April 2017
If you were granted a 457 visa in a Short Term Skilled Occupation List (STSOL) occupation, you would have been granted a two year 457 visa.
There are two further options of renewal available:
- Second two-year visa renewal – Available Onshore
- Third two-year visa renewal – Available if lodged from Offshore
Any 457 visa renewals post 18 March 2018 will have to be on the recently announced TSS visa.
Lodging a new TSS (482) Visa Application
This is the most commonly used program by Australian employers to sponsor overseas workers to work in Australia on a temporary basis.
Are you eligible?
The major difference that has been introduced by the Department of Home Affairs in the new TSS visa program is that you need to have at least two years of full-time paid work experience in the occupation.
You also need to meet the skills requirement, English language requirement and meet the health & character requirements. Besides, there needs to be the minimum salary on offer along with any caveat requirements to be met. The sponsoring employer must also undertake labour market testing and meet the Training Benchmark requirements (until the new Skilling Australians Fund (SAF) comes into effect).
Three key steps involved in attaining an employer sponsored visa are:
- Standard Business Sponsor
Your sponsoring employer must have approval to sponsor you on the visa. Once approved the sponsor will generally be approved for 5 years duration. We work with your employer to obtain the approval and assist you with the entire application.
Your employer will need to meet the sponsor requirements and provide evidence along with nominating you under an occupation for the new TSS visa application
- Visa Application
Your visa application will depend on whether which occupation list your occupation is listed on:
Short Term Skilled Occupation List (STSOL)
If you are nominated for a TSS visa in an occupation on the STSOL, you will be granted a two-year TSS visa with the option of two further two-year visa renewals.
Please note that there is no permanent residence (PR) pathway for TSS visa holders on the STSOL occupations.
Medium and Long-Term Strategic Skills List (MLTSSL)
If you are nominated for a TSS visa in an occupation on the MLTSSL, you will be granted a four-year TSS visa. You will be eligible to transition to a permanent residence (PR) visa after completion of three years on your TSS visa, and if your employer is willing to nominate you for this visa.