From a TSS Visa (482) to Permanent Residency (PR)

From 482 to PR

There are several pathways to Permanent Residency (PR) available for 482 visa holders. 

The most common way is by applying for a 186 ENS Visa. Much of this article will look at the ways that 482 Visa holders can move towards obtaining PR this way. 

We will then look at some alternatives. 

The Three Streams of the TSS Visa

It is firstly important to be aware of the 3 streams of the 482 Visa. This plays a critical role in determining how the 186 can be applied for.

The 3 TSS streams:

  1. the medium-term stream
  2. the short-term stream
  3. the labour agreement stream

Your options from moving from the TSS visa to PR will differ depending on which visa stream you are in.

If you are unsure which stream you are in, check your visa grant notice.

We outline the options available for each stream below.

From a Medium-Term TSS Visa to Permanent Residency

For those occupying positions listed on the Medium and Long-term Strategic Skills List (MLTSSL), such as engineers, IT professionals, healthcare workers, and others, the Employer Nomination Scheme (ENS) visa subclass 186 presents a viable route to secure permanent residency.

The Employer Nomination Scheme (ENS) visa subclass 186 offers two distinct pathways for transitioning from a 482 visa to permanent residency: the Direct Entry stream and the Temporary Residence Transition stream.

186 Direct Entry Stream

This pathway is suitable for individuals who have not worked for their nominating employer for at least two years on a 482 visa. Under this stream, applicants must undergo a formal skills assessment relevant to their occupation by the relevant assessing authority. 

The skills assessment verifies that the applicant possesses the necessary qualifications and skills required for their nominated occupation. 

Once the skills assessment is obtained, applicants can proceed with the nomination by their employer and the subsequent visa application.

186 Temporary Residence Transition Stream 

This pathway is available to individuals who have been working for their nominating employer in their nominated occupation on a 482 visa for at least three years. 

Unlike the Direct Entry stream, the Temporary Residence Transition stream does not require a formal skills assessment. 

Instead, applicants must demonstrate that they have worked in their nominated occupation for the required period and continue to meet the relevant visa criteria. 

This stream allows eligible applicants to transition smoothly from temporary to permanent residency without the need for a skills assessment.

Both pathways have their specific eligibility criteria and requirements that applicants must meet to successfully obtain a 186 visa. Employers must also meet certain obligations, including demonstrating the genuine need for the nominated position and complying with relevant employment and sponsorship regulations.

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.

From a Short-Term TSS Visa to Permanent Residency

Moving from a short-term stream TSS Visa to permanent residency can now be done via the 186 Transitional Stream. You will need to hold your 482 for 2 years and have been with that single employer for 2 years on your 482 and can apply for the 186TRT. 

When the 186 is granted, you will be PR.

Labour Agreement Stream

A 186 can be applied for through the Labour Agreement stream if your employer sponsor has their own Labour Agreement. 

A Labour Agreement can bring certain benefits for 482 applicants. The main benefits that may exist for you are:

  • Ability to apply for the 186 over the age of 45
  • Ability to apply without the need for a formal English test
  • Exemptions for specific occupations that are not on the relevant occupation lists. 

All 186 Applications have their own requirements

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.

Alternative ways to move from a 482 to PR

Subclass 494 Skilled Employer-Sponsored Regional (Provisional) Visa

The 494 may be an option if you are employed in a regional location. 

The 494 Visa leads to PR through the 191 Permanent Residence (Skilled Regional) visa. 

This could be a pathway for those who work regionally on occupations, and are otherwise not eligible for the 186 visa. 

Skilled Independent – 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.

Skilled Independent – 189 Visa

Depending on your occupation, you may be eligible to apply for a Skilled Independent (189) visa. The Subclass 189 visa is a points-based visa category, meaning you do not need employer sponsorship. Instead, applicants must meet the points threshold based on factors such as age, English language proficiency, skills, qualifications, and work experience. 

Unlike the Subclass 190 visa, which requires nomination by a State or Territory government, the Subclass 189 visa allows individuals to apply independently, without the need for state or territory sponsorship. 

Your eligibility for the Subclass 189 visa will depend on being able to demonstrate that you meet the points that were stipulated in your EOI. 

Partner 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 Partner Visa. If you are in a defacto or married relationship with an Australian citizen or Permanent Resident, then this could be a way for you to become PR without having to rely on an employer sponsored visa.

Key Learnings

Finding a pathway to Permanent Residency can require some strategic planning for many. If you need assistance, book in a consult with one of our team members.

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PocketLegal is available to assist with all aspects of the Australian immigration process from beginning to end. If you need help with visa applications, sponsoring staff members, AAT Appeals, Federal Circuit Court hearings, or any other migration related issue then book in a time to speak with one of our experts.

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