The Temporary Skills Shortage 482 (TSS) Visa is the standard option for those choosing to work in Australia on a temporary basis (up to 4 years). Here we look at pathways to move from sponsorship on the TSS visa to permanent residency (PR). The process is not always simple.
The Three Streams of the TSS Visa
The TSS Visa has three streams – the medium-term stream, the short-term stream, and the labour agreement stream.
The medium-term stream is available for sponsored workers with occupations listed on the Medium and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL).
If your occupation is not on these lists, but does appear on the Short-Term Skilled Occupation List (STSOL), then you can only obtain a short-term stream TSS Visa.
The labour agreement stream is the least commonly used, and is only available if your employer has entered into a labour agreement with the Department. Some labour agreements carry the opportunity for roles on the STSOL to be nominated for PR via a 186 application.
Your options from moving from the TSS visa to PR will be different depending on which visa stream you are in. We outline the options available for each stream below. If you are unsure which stream you are in, check your visa grant notice.
From a Medium-Term TSS Visa to Permanent Residency
For those with an occupation on the MLTSSL, the most common pathway to permanent residency is the Employer Nomination Scheme (186) visa. You can move from the TSS to the 186 visa through the Transitional stream.
Applying for the 186 will require you to meet the following:
- You are nominated by an approved Australian employer
- You have worked for your employer full-time and in the same position they are sponsoring you for in Australia for at least three out of the previous four years.
- You are under 45 years of age (limited exceptions can apply to this)
- You have at least competent English
- You have the required skills and qualifications for the position you have been nominated for
- You meet the health and character requirements
You can apply for the 186 visa while you are still on your TSS visa. If your visa expires after you lodge your application, you will be placed on a bridging visa until your 186 visa application is assessed. Once your 186 visa is granted, you will become a permanent resident of Australia.
From a Short-Term TSS Visa to Permanent Residency
Moving from a short-term stream TSS Visa to permanent residency can be difficult. If you obtained your TSS visa in this stream, you cannot move to a 186 visa unless you change occupation to one listed on the MLTSSL.
Regional Sponsored Migration Scheme (187) visa
Many STSOL occupations are on the RSMS list, which opens a pathway to PR through being sponsored by an employer in regional Australia.
Skilled Nominated (190) visa
Depending on your occupation, you may be able to apply for a Skilled Nominated (190) visa. As a skilled independent visa, the 190 is points based, so you will not require employer sponsorship. Instead you apply to be nominated by a State or Territory. Your likelihood of being nominated depends on a number of factors including your occupation, your skills, qualifications and work experience, and which locations you apply for.
Family Stream visa
If you do not meet the requirements for a work visa, you may, depending on your life circumstances, be eligible to apply for a family stream visa. Examples include if you are married to or in a de facto relationship with an Australian citizen or permanent resident, or if you are the parent of a child who is an Australian citizen.
Finding a pathway to Permanent Residency can require some strategic planning for many. If you need assistance, contact PocketLegal’s migration agents on 1300 92 11 14 or fill out the form here.