482 Short-term and 457 Legacy Visa holders can now apply for Permanent Residence



As of 1 July 2022, the Minister of Immigration has improved access to permanent residence for skilled foreign workers who hold an existing 482(Temporary Skill Shortage) (TSS) Short-term Visa or a Legacy 457 (Temporary Skilled Work) Visa. This change will allow previously ineligible foreign workers who worked during the pandemic to now be eligible to apply for the 186-subclass permanent residence in Australia. The scheme is available for two years from the initial start date.


The purpose of the subclass 482 TSS visa is to allow employers to sponsor a qualified foreign worker who can fill a position for which no acceptable Australian candidate is available. Recently only mid-term visa holders could apply for permanent residency in Australia and short-term visa holders were ineligible, however due to the change of the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS), the subclass 186 Permanent visa now extends to workers with a short-term stream to apply for permanent residency.



To be eligible TSS visa holders must:

- have been in Australia for a minimum of 12-months between 1 February 2020 and 14 December 2021

- satisfy all additional criteria for nomination and visa requirements for the ENS visa's TRT stream.


When applying through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa, holders of legacy subclass 457 visas can now receive an age exemption. The age exemption aims to help recognise highly skilled migrant workers who decided to remain in Australia during the pandemic.


To be eligible legacy 457 visa holders who can access the age exemption must:

- have held a subclass 457 visa on or after 18 April 2017

- have been in Australia for a minimum of 12-months between 1 February 2020 and 14 December 2021

- satisfy all additional criteria for nomination and visa requirements for the ENS visa’s TRT stream


This change to the system addresses the overwhelming shortage of skilled workforce in Australia and allows foreign workers to remain in Australia and journey towards getting Australian citizenship


Unfortunately, certain visa categories are not included in this change. Any foreign person holding a 408 Temporary Activity visa is not eligible for this scheme.