FAQs for Transitional Arrangements TSS/ENS/RSMS - Mygration
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FAQs for Transitional Arrangements TSS/ENS/RSMS

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.

Skilled Visa

Frequently Asked Questions

1. What do I need to do if I want to change my employer?

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.

 

2. What do I need to do if my 457 visa is expiring?

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.

3. Will this new TSS visa affect my eligibility for TRT sponsorship in the future?

If you continue with the same employer in the same position on your new TSS visa, your eligibility for TRT will not be affected.

 

4. If I change employer will this affect my eligibility for TRT sponsorship in the future?

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).

  • The standard business sponsor has been the sole nominator, but the nominee has worked in combination or solely for an associated entity/ies of the business sponsor.
  • The business has undergone takeover/sale/restructure or closure, which required a change of ABN/ACN/name that required a new SBS, but the position remains essentially unchanged.
  • The original sponsor was an Overseas Business Sponsor that has subsequently established an Australian entity and become an Australian business sponsor.

 

5. What do I need to do if I want to change my occupation?

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.

 

6. What will happen if the new occupation is not on an appropriate list?

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.

 

7. Will I still be eligible for TRT under the grandfathering provisions if I change occupations?

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.

 

8. Does the ANZSCO four digit number ‘rule’ still apply?

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.

 

9. Can I be sponsored for TRT if I have worked for an associated entity of my current sponsor?

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. 

 

Still have questions?

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.

You can book a consultation with one our Migration Agents who will go through specific requirements with you and tailor your application in accordance to your and your employer’s circumstances.

 

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