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changes to employer sponsored permanent residency eligibility requirements

29 March 2022
kian bone nicole brown
Read Time 2 mins reading time

A new legislative instrument provides a new pathway to permanent residency for visa holders who remained in Australia during the pandemic.

Visa holders employed in occupations on the short-term skilled occupations list who currently hold a Subclass 457 or 482 visa and worked in Australia between February 2020 and December 2021 may now be eligible to apply for PR.

who the changes apply to?

The new instrument provides that from 1 July 2022 Subclass 457/482 visa holders who meet the below requirements are eligible for employer nominated permanent residence through the temporary residence transition stream.

  1. They have been in Australia for a period of at least 12 months between 1 February 2020 and 14 December 2021; and
  2. At the time of the application, is employed by a person who is actively and lawfully operating a business in Australia; and
  3. The applicant must have held a Subclass 457 or 482 visa and have been employed in their occupation for a minimum period of 3 years in the 4 years immediately before the application is made.

New applications in this stream are open from 1 July 2022.

reduction in work hours

The instrument also accommodates the reduction in work hours experienced by visa holders due to COVID-19. It includes a concession for a COVID-19 reduced work period commencing from 1 February 2020. This will operate where the applicant was not employed on a full-time basis or was on unpaid leave from that employment due to COVID-19 where the visa holder would otherwise have been working full-time. Applicants must have also worked for at least 3 years including any COVID-19 reduced work period (not including other unpaid leave).

The amendment also incorporates a COVID-19 unpaid leave period where the applicant was not employed in the nominated occupation and was on unpaid leave from that employment due to COVID-19.

how MK’s migration team can help

Our expert immigration lawyers have extensive experience with permanent residency applications. If you are now eligible for permanent residency due to these changes or want advice on your eligibility, then please contact our offices so we can help you navigate these permanent residency changes.

stay up to date with our news & insights

changes to employer sponsored permanent residency eligibility requirements

29 March 2022
kian bone nicole brown

A new legislative instrument provides a new pathway to permanent residency for visa holders who remained in Australia during the pandemic.

Visa holders employed in occupations on the short-term skilled occupations list who currently hold a Subclass 457 or 482 visa and worked in Australia between February 2020 and December 2021 may now be eligible to apply for PR.

who the changes apply to?

The new instrument provides that from 1 July 2022 Subclass 457/482 visa holders who meet the below requirements are eligible for employer nominated permanent residence through the temporary residence transition stream.

  1. They have been in Australia for a period of at least 12 months between 1 February 2020 and 14 December 2021; and
  2. At the time of the application, is employed by a person who is actively and lawfully operating a business in Australia; and
  3. The applicant must have held a Subclass 457 or 482 visa and have been employed in their occupation for a minimum period of 3 years in the 4 years immediately before the application is made.

New applications in this stream are open from 1 July 2022.

reduction in work hours

The instrument also accommodates the reduction in work hours experienced by visa holders due to COVID-19. It includes a concession for a COVID-19 reduced work period commencing from 1 February 2020. This will operate where the applicant was not employed on a full-time basis or was on unpaid leave from that employment due to COVID-19 where the visa holder would otherwise have been working full-time. Applicants must have also worked for at least 3 years including any COVID-19 reduced work period (not including other unpaid leave).

The amendment also incorporates a COVID-19 unpaid leave period where the applicant was not employed in the nominated occupation and was on unpaid leave from that employment due to COVID-19.

how MK’s migration team can help

Our expert immigration lawyers have extensive experience with permanent residency applications. If you are now eligible for permanent residency due to these changes or want advice on your eligibility, then please contact our offices so we can help you navigate these permanent residency changes.