The recent introduction of the Temporary Skills Shortage (TSS) visa sub class has raised a number of questions with those holding a current 457 visa, around whether they will be eligible for permanent residency through TRT stream.
In the following article Mygration aim to help answer your most frequently asked questions about the Transitional Arrangements for Temporary Residence Transition stream for current 457 visa holders who may be eligible.
Your new employer needs to be an approved business sponsor and lodge a TSS nomination for you, for the new position. You do not need to change your 457 visa if it is still valid for a sufficient period of time.
If you are NOT changing your employer or the position or the occupation, you can apply under a new TSS nomination for a new TSS visa.
If you continue with the same employer in the same position on your new TSS visa, your eligibility for TRT will not be affected.
If you change employer, you are likely to need to restart the period of specified employment again.
There are only three scenarios in policy where an applicant’s employment may be considered continuous for the required period, even though the employer has changed. (NOTE: this relates to the ‘required period’ not the nominator).
If you are on an existing 457 visa the sponsor needs to lodge a new TSS nomination for the new occupation. However, the new occupation must be on one of the occupation lists. If you are on a TSS visa, you need a new nomination and a new visa.
If the occupation is no longer on the appropriate list, you cannot change to that occupation and will not be able to apply for TRT.
If you change occupations, you will no longer be covered by the grandfathering provisions. In that case you will need to meet all the new requirements for TRT ENS and RSMS that came into effect from 18 March 2018.
Yes, this is unchanged. You are eligible to apply for TRT using an occupation with the same first four digit ANSZCO code, as the occupation you were originally sponsored on for the temporary visa.
There has been no change in the wording from the previous policy – the associated entity must become the most recent business sponsor of the applicant to be able to sponsor the visa holder for ENS/RSMS.
However, Regulation 5.19 policy at 4.3.9 Nominator must have been the approved sponsor, contains the following ‘Note’, :
NOTE: Where a TSS visa holder has been working with an entity other than their most recent standard business sponsor, neither the sponsor, nor the associated entity is eligible to nominate the TSS visa holder under the TRT stream.
Mygration can assess your eligibility and help you understand the processes and requirements involved. We can also assist with your application from start to finish, enhancing your 186 visa or 187 visa TRT application chances of success without the costly delays along the way.
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