Listen up existing Temporary Skill Shortage (subclass 482) and Skilled Temporary Work (subclass 457) visa holders in the Short-Term stream! The Australian Government has announced that from 1 July 2022, you will be able to apply for permanent residency (PR) through the Temporary Residence Transition stream of the Employer Nomination Scheme (subclass 186) visa. These changes will take effect via legislative instrument LIN 22/038.
Great news! For how long is this PR pathway available?
Here comes the snag. Statements from the Australian Government show that they only intended for the pathway to be accessible for two (2) years from 1 July 2022 (i.e. sunset/end on or about 1 July 2024). However, there is no reference to the two (2) years in LIN 22/038 or its Explanatory Statement, and the sunset/end date of LIN 22/038 is 1 April 2032.
That’s confusing! What does this inconsistency mean?
One can presume that LIN 22/038 was originally meant to provide a limited PR pathway for existing subclass 482 and 457 visa holders. As the legislative instrument in its current form does not align with the intent of the Australian Government, one can expect it to be amended in the future. Clarification on this issue is currently being sought from the relevant government department and we will update you as soon as they respond.
I understand, so how can I fulfill my dream of getting permanent residency?
We will be more than happy to assist you! Just get in touch with our friendly team via our website. Once you do that, sit back and relax as we guide you through the entire process of applying for the relevant visas!
I like reading, so what are the details of the legislative instrument?
The new legislative instrument referred to above is the Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022 (F2022L00340).