How To Transition from (TSS) 482 Visa to Permanent Resident (PR)

01 Jun How To Transition from (TSS) 482 Visa to Permanent Resident (PR)

The Temporary Skill Shortage (TSS) 482 Visa lets you stay in Australia for a maximum term of up to 4 years, whereby you can work, travel, and study in Australia. It has 4 separate streams: The Short Term Stream, Medium Term Stream, Labour Agreement Stream, and subsequent Entrant Stream. In some instances, you can transition to permanent residency.

The short stream TSS 482 visa holders may be eligible for visas for up to two (2) years, renewable onshore once for a further two (2) years, and potentially renewable for an additional two-year period if applying from offshore. The applicant must continue to meet the Genuine Temporary Entrant requirements. However, TSS 482 Visa obtained through the short-term occupation list does not offer a pathway to permanent residency.

A major feature of the TSS 482 Visa is that there are pathways to Permanent Residency (PR) through the Employer-Sponsored Temporary Transition Stream (ENS) or the Regional Employer Sponsored Scheme (RSMS), depending on the location of the applicant and depending on the stream.

How to transition to Permanent Residency from a TSS 482 Visa

The medium stream of a TSS 482 visa enables you to apply for permanent residency at a later stage. To be eligible for the Temporary Skill Shortage Visa, you will need to:

• Be nominated by an approved sponsor for a position on the Medium and Long-term Strategic Skills List (MLTSSL)
• Work for the nominated employer
• Demonstrate that you have the relevant qualifications, skills, and employment background experience to perform the nominated occupation
• Demonstrate to have had at least two (2) years of relevant experience in the nominated occupation
• Have a positive skills assessment when required
• Have adequate health insurance, meet health requirements, and meet character requirements
• Must have at least competent English unless you are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom, and the United States of America
• Demonstrate that you complied with your current visa conditions
• Not have had a previous visa canceled or refused

How Can I Apply for PR with the TSS 482 Visa?

The TSS 482 visa holder has a chance to apply for Permanent Resident if they fulfill the following conditions:

• The 482 Visa holder must be working in an occupation that is on the Medium and Long-term Strategic Skills List (MLTSSL) for 186 Applications.
• Must have worked for the same employer for 3 years on the TSS 482 Visa
• Must have worked in the same Medium and Long-term Strategic Skills List (MLTSSL) occupation for 3 years on the 482 TSS Visa
• Must have at least competent English
• Must be under 45 tears of age at the time of applying for Permanent Residency

How to Convert TSS Visa to Permanent Residency for Regional Workers

• The TSS Visa holder must be working in an occupation that is on the Regional Occupation List (ROL) and working in a Designated Regional Area for 187 Applications
• English Exemptions (If applying for 187 RSMS through the Temporary Residence Transition Stream and have completed at least five years of full-time study in secondary or higher education whether the medium of instruction was delivered in English)

In all cases, the employer or Australian Business must be willing to sponsor the applicant for permanent residency and must lodge a valid nomination with the Department of Home Affairs.

Further, the employer must also be willing to pay the Skilling Australian Fund (SAF) Levy which is tax-deductible. The purpose of the SAF Levy is for employers to contribute to the broader skills development of Australians. More information about the cost of sponsoring an applicant can be found on the DHA Website.

Can I include my family in my TSS 482 application for permanent residency?

Applicants can include their dependent children, stepchildren, and partner in their transitional permanent residency application provided the following conditions are met:

For Partners of 482 visa holders

• Married and de facto partners can be the same or opposite sex
• Applicants must prove that the relationship is genuine and that continuing
• Applicants must prove that they live together or have not separated permanently
• The partner must be at least 18 years of age upon lodging the application
• If you are in a de facto relationship, must prove that you are not related by family
• Must show that you and your partner have a mutual commitment to a shared life to the exclusion of others

For Children and stepchildren of 482 visa holders

• Must be your child or stepchild from a current or previous relationship
• Not married, engaged to be married, or have a de facto partner
• Under 18 years of age or over 18 years of age but not yet turned 23 and still dependent on you or your partner
• Over 23 years of age and be unable to earn a living to support themselves due to physical or cognitive limitations and still dependent on you or your partner

Family member applicants who are over 18 must demonstrate functional English or show that the family member has completed all years of primary education and at least three (3) years of secondary education in an educational institution in or outside Australia and the medium of instruction was delivered in English or completed at least five (5) years of secondary education in an institution in or outside Australia and all instructions were in English.

In all instances, family members must meet the health requirement and must provide a police clearance certificate as evidence for the character requirement.

The Temporary Skill Shortage Visa (TSS) Visa 482 needs to be done correctly the first time to avoid unnecessary delay and problems when one should proceed to apply for a permanent resident when eligible. Our principal migration agent, Evan Bishop has substantial experience in assisting 482 visa holders’ transition successfully to Permanent Resident status.

As applications for the TSS 482 visa requires substantial documentation, a registered migration agent should be consulted to ensure that all documentation and requirements are satisfied for greater chances of TSS 482 visa approval.

Contact the Worldly Migration team today for a free consult.