PR Pathways to support 457 & 482 Visa holders
By now everyone seems to be aware that the Minister of Immigration announced last week that there will be some positive changes coming for temporary skilled workers looking for a pathway to permanent residency.
Is it the magic pill that everyone was speaking about to assist all temporary 482/457 visa holders to get to PR? Perhaps not exactly….
These changes will benefit skilled workers who remained here during the pandemic and encourage them to stay in Australia permanently.
“Eligible skilled workers, already in Australia, will continue to support local businesses facing critical shortages, particularly in health, hospitality and our regions,” Minister Hawke said.
These visa changes will improve access to permanent residence for:
- Existing 482 visa holders (temporary Skill Shortage) in the short-term stream
- Legacy 457 visa holders (temporary Work Skilled) who, on 18 April 2017, held or had applied for a subclass 457 visa that was subsequently granted.
Under these new arrangements, existing 482 and 457 visa holders granted in ‘Short–term’ occupations, who have remained in Australia during the pandemic, may be eligible to apply for the 186 ENS Permanent Visa.
“This is a special concession recognising those highly skilled migrant workers who chose to stay in Australia throughout the pandemic, while continuing to address Australia’s acute shortages. This allows them to stay here, with a pathway to Australian citizenship,” Minister Hawke said.
“There are currently about 20,000 primary Temporary Skill Shortage and 457 visa holders in Australia who may benefit from these arrangements. Most of these workers are employed in the highest-skilled occupations and the largest cohorts of workers benefiting from these changes include those currently employed in the health and hospitality industries, including many workers in regional Australia,” Minister Hawke said.
It is expected that the date of implementation for these changes is 1st July 2022.
SUMMARY OF IMPORTANT POINTS
Below are the main key points that you can take away and consider prior to discussing with a Registered Migration Agent to better understand your situation and how it fits under this new changes:
- Australian businesses can nominate any (457 or 482 visa holder) sponsored employee for permanent residency under the 186 ENS category, if the employee remained in Australia for at least 12 months during the period of 1 February 2020 and 14 December 2021.
- The 186 nominations for permanent residency can ONLY be submitted after the employee has worked with the same business on a sponsored visa (457 or 482) for at least a total of 3
- Applications can ONLY be lodged from 1st July
IMPORTANT TIPS
- DO seek professional advise from a registered migration agent or qualified immigration lawyer – There are currently many blogs and articles put out by agents providing sample cases that meet the new changes in legislation. We encourage any potential applicants NOT to make a decision to submit an application just based on these online examples. No two cases are ever quite the same and any small detail can mean the difference between an approval or a refusal;
- DO NOT make decisions based on social media or forum advise – Currently there is a lot of chatter on social media and other forums. Many registered and unregistered agents that are providing comments/advise that unsuspecting visa holders will take on and make decisions which could seriously impact their application outcome;
- DO request a consultation with a professional to get a better understanding as to how your situation may fit into the new changes.
Current eligible occupations
Based on the legislation coming into effect in 1st Jul 2022, if you are sponsored under any of these occupations, you should be eligible for employer sponsored PR if:
- You remained in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
- You have worked with the same employer on a sponsored (457 or 482) visa for 3 years and are being nominated by that employer for PR.*
*NOTE: If you haven’t yet been sponsored by same employer for 3 years, you will be eligible when you reach the 3 year period, provided that there have been no changes to the legislation requirements.
|
Item |
Column 1 |
Column 2 |
|
|
1 |
flower grower |
121212 |
|
|
2 |
grape grower |
121215 |
|
|
3 |
vegetable grower (Aus) / market gardener (NZ) |
121221 |
|
|
4 |
apiarist |
121311 |
|
|
5 |
poultry farmer |
121321 |
|
|
6 |
sales and marketing manager |
131112 |
|
|
7 |
advertising manager |
131113 |
|
|
8 |
corporate services manager |
132111 |
|
|
9 |
finance manager |
132211 |
|
|
10 |
human resource manager |
132311 |
|
|
11 |
research and development manager |
132511 |
|
|
12 |
manufacturer |
133411 |
|
|
13 |
production manager (forestry) |
133511 |
|
|
14 |
production manager (manufacturing) |
133512 |
|
|
15 |
production manager (mining) |
133513 |
|
|
16 |
supply and distribution manager |
133611 |
|
|
17 |
health and welfare services managers (nec) |
134299 |
|
|
18 |
school principal |
134311 |
|
|
19 |
education managers (nec) |
134499 |
|
|
20 |
ICT project manager |
135112 |
|
|
21 |
ICT managers (nec) |
135199 |
|
|
Item |
Column 1 |
Column 2 |
|
|
22 |
laboratory manager |
139913 |
|
|
23 |
quality assurance manager |
139914 |
|
|
24 |
specialist managers (nec) except: (a) ambassador; or (b) archbishop; or (c) bishop |
139999 |
|
|
25 |
cafe or restaurant manager |
141111 |
|
|
26 |
hotel or motel manager |
141311 |
|
|
27 |
accommodation and hospitality managers (nec) |
141999 |
|
|
28 |
customer service manager |
149212 |
|
|
29 |
conference and event organiser |
149311 |
|
|
30 |
transport company manager |
149413 |
|
|
31 |
facilities manager |
149913 |
|
|
32 |
music professionals (nec) |
211299 |
|
|
33 |
photographer |
211311 |
|
|
34 |
book or script editor |
212212 |
|
|
35 |
director (film, television, radio or stage) |
212312 |
|
|
36 |
film and video editor |
212314 |
|
|
37 |
program director (television or radio) |
212315 |
|
|
38 |
stage manager |
212316 |
|
|
39 |
technical director |
212317 |
|
|
40 |
video producer |
212318 |
|
|
41 |
copywriter |
212411 |
|
|
42 |
newspaper or periodical editor |
212412 |
|
|
43 |
print journalist |
212413 |
|
|
44 |
technical writer |
212415 |
|
|
45 |
television journalist |
212416 |
|
|
46 |
journalists and other writers (nec) |
212499 |
|
|
47 |
company secretary |
221211 |
|
|
48 |
commodities trader |
222111 |
|
|
49 |
finance broker |
222112 |
|
|
50 |
insurance broker |
222113 |
|
|
Item |
Column 1 |
Column 2 |
|
|
51 |
financial brokers (nec) |
222199 |
|
|
52 |
financial market dealer |
222211 |
|
|
53 |
stockbroking dealer |
222213 |
|
|
54 |
financial dealers (nec) |
222299 |
|
|
55 |
financial investment adviser |
222311 |
|
|
56 |
financial investment manager |
222312 |
|
|
57 |
recruitment consultant |
223112 |
|
|
58 |
ICT trainer |
223211 |
|
|
59 |
mathematician |
224112 |
|
|
60 |
gallery or museum curator |
224212 |
|
|
61 |
health information manager |
224213 |
|
|
62 |
records manager |
224214 |
|
|
63 |
librarian |
224611 |
|
|
64 |
organisation and methods analyst |
224712 |
|
|
65 |
patents examiner |
224914 |
|
|
66 |
information and organisation professionals (nec) |
224999 |
|
|
67 |
advertising specialist |
225111 |
|
|
68 |
marketing specialist |
225113 |
|
|
69 |
ICT account manager |
225211 |
|
|
70 |
ICT business development manager |
225212 |
|
|
71 |
ICT sales representative |
225213 |
|
|
72 |
public relations professional |
225311 |
|
|
73 |
technical sales representatives (nec) including education sales representatives |
225499 |
|
|
74 |
fashion designer |
232311 |
|
|
75 |
industrial designer |
232312 |
|
|
76 |
jewellery designer |
232313 |
|
|
77 |
graphic designer |
232411 |
|
|
78 |
illustrator |
232412 |
|
|
79 |
web designer |
232414 |
|
|
80 |
interior designer |
232511 |
|
|
Item |
Column 1 |
Column 2 |
|
|
81 |
urban and regional planner |
232611 |
|
|
82 |
geologist |
234411 |
|
|
83 |
primary school teacher |
241213 |
|
|
84 |
middle school teacher (Aus) / intermediate school teacher (NZ) |
241311 |
|
|
85 |
education adviser |
249111 |
|
|
86 |
art teacher (private tuition) |
249211 |
|
|
87 |
dance teacher (private tuition) |
249212 |
|
|
88 |
music teacher (private tuition) |
249214 |
|
|
89 |
private tutors and teachers (nec) |
249299 |
|
|
90 |
teacher of English to speakers of other languages |
249311 |
|
|
91 |
dietitian |
251111 |
|
|
92 |
nutritionist |
251112 |
|
|
93 |
occupational health and safety adviser |
251312 |
|
|
94 |
orthoptist |
251412 |
|
|
95 |
hospital pharmacist |
251511 |
|
|
96 |
industrial pharmacist |
251512 |
|
|
97 |
retail pharmacist |
251513 |
|
|
98 |
health promotion officer |
251911 |
|
|
99 |
health diagnostic and promotion professionals (nec) |
251999 |
|
|
100 |
acupuncturist |
252211 |
|
|
101 |
naturopath |
252213 |
|
|
102 |
traditional Chinese medicine practitioner |
252214 |
|
|
103 |
complementary health therapists (nec) |
252299 |
|
|
104 |
dental specialist |
252311 |
|
|
105 |
resident medical officer |
253112 |
|
|
106 |
nurse educator |
254211 |
|
|
107 |
nurse researcher |
254212 |
|
|
108 |
nurse manager |
254311 |
|
|
109 |
web developer |
261212 |
|
|
Item |
Column 1 |
Column 2 |
|
|
110 |
software tester |
261314 |
|
|
111 |
database administrator |
262111 |
|
|
112 |
systems administrator |
262113 |
|
|
113 |
network administrator |
263112 |
|
|
114 |
network analyst |
263113 |
|
|
115 |
ICT quality assurance engineer |
263211 |
|
|
116 |
ICT support engineer |
263212 |
|
|
117 |
ICT systems test engineer |
263213 |
|
|
118 |
ICT support and test engineers (nec) |
263299 |
|
|
119 |
judicial and other legal professionals (nec) |
271299 |
|
|
120 |
careers counsellor |
272111 |
|
|
121 |
drug and alcohol counsellor |
272112 |
|
|
122 |
family and marriage counsellor |
272113 |
|
|
123 |
rehabilitation counsellor |
272114 |
|
|
124 |
student counsellor |
272115 |
|
|
125 |
counsellors (nec) |
272199 |
|
|
126 |
psychotherapist |
272314 |
|
|
127 |
interpreter |
272412 |
|
|
128 |
social professionals (nec) |
272499 |
|
|
129 |
recreation officer |
272612 |
|
|
130 |
welfare worker |
272613 |
|
|
131 |
anaesthetic technician |
311211 |
|
|
132 |
cardiac technician |
311212 |
|
|
133 |
medical laboratory technician |
311213 |
|
|
134 |
pharmacy technician |
311215 |
|
|
135 |
medical technicians (nec) |
311299 |
|
|
136 |
meat inspector |
311312 |
|
|
137 |
primary products inspectors (nec) |
311399 |
|
|
138 |
chemistry technician |
311411 |
|
|
139 |
earth science technician |
311412 |
|
|
140 |
life science technician |
311413 |
|
|
141 |
science technicians (nec) |
311499 |
|
|
Item |
Column 1 |
Column 2 |
|
|
142 |
architectural draftsperson |
312111 |
|
|
143 |
building inspector |
312113 |
|
|
144 |
architectural, building and surveying technicians (nec) |
312199 |
|
|
145 |
mechanical engineering technician |
312512 |
|
|
146 |
metallurgical or materials technician |
312912 |
|
|
147 |
mine deputy |
312913 |
|
|
148 |
hardware technician |
313111 |
|
|
149 |
ICT customer support officer |
313112 |
|
|
150 |
web administrator |
313113 |
|
|
151 |
ICT support technicians (nec) |
313199 |
|
|
152 |
farrier |
322113 |
|
|
153 |
aircraft maintenance engineer (avionics) |
323111 |
|
|
154 |
aircraft maintenance engineer (mechanical) |
323112 |
|
|
155 |
aircraft maintenance engineer (structures) |
323113 |
|
|
156 |
metal fitters and machinists (nec) |
323299 |
|
|
157 |
precision instrument maker and repairer |
323314 |
|
|
158 |
toolmaker |
323412 |
|
|
159 |
vehicle body builder |
324211 |
|
|
160 |
vehicle trimmer |
324212 |
|
|
161 |
roof tiler |
333311 |
|
|
162 |
business machine mechanic |
342311 |
|
|
163 |
cabler (data and telecommunications) |
342411 |
|
|
164 |
telecommunications linesworker |
342413 |
|
|
165 |
baker |
351111 |
|
|
166 |
pastrycook |
351112 |
|
|
167 |
butcher or smallgoods maker |
351211 |
|
|
168 |
cook |
351411 |
|
|
169 |
dog handler or trainer |
361111 |
|
|
170 |
animal attendants and trainers (nec) |
361199 |
|
|
171 |
veterinary nurse |
361311 |
|
|
172 |
florist |
362111 |
|
|
Item |
Column 1 |
Column 2 |
|
|
173 |
gardener (general) |
362211 |
|
|
174 |
arborist |
362212 |
|
|
175 |
landscape gardener |
362213 |
|
|
176 |
greenkeeper |
362311 |
|
|
177 |
hairdresser |
391111 |
|
|
178 |
print finisher |
392111 |
|
|
179 |
printing machinist |
392311 |
|
|
180 |
dressmaker or tailor |
393213 |
|
|
181 |
upholsterer |
393311 |
|
|
182 |
furniture finisher |
394211 |
|
|
183 |
wood machinist |
394213 |
|
|
184 |
wood machinists and other wood trades workers (nec) |
394299 |
|
|
185 |
power generation plant operator |
399213 |
|
|
186 |
jeweller |
399411 |
|
|
187 |
camera operator (film, television or video) |
399512 |
|
|
188 |
make up artist |
399514 |
|
|
189 |
sound technician |
399516 |
|
|
190 |
performing arts technicians (nec) |
399599 |
|
|
191 |
signwriter |
399611 |
|
|
192 |
ambulance officer |
411111 |
|
|
193 |
intensive care ambulance paramedic |
411112 |
|
|
194 |
dental technician |
411213 |
|
|
195 |
diversional therapist |
411311 |
|
|
196 |
enrolled nurse |
411411 |
|
|
197 |
massage therapist |
411611 |
|
|
198 |
community worker |
411711 |
|
|
199 |
disabilities services officer |
411712 |
|
|
200 |
family support worker |
411713 |
|
|
201 |
residential care officer |
411715 |
|
|
202 |
youth worker |
411716 |
|
|
203 |
diving instructor (open water) |
452311 |
|
|
Item |
Column 1 |
Column 2 |
|
204 |
gymnastics coach or instructor |
452312 |
|
205 |
horse riding coach or instructor |
452313 |
|
206 |
snowsport instructor |
452314 |
|
207 |
swimming coach or instructor |
452315 |
|
208 |
other sports coach or instructor |
452317 |
|
209 |
sports development officer |
452321 |
|
210 |
sportspersons (nec) |
452499 |
|
211 |
contract administrator |
511111 |
|
212 |
program or project administrator |
511112 |
|
213 |
insurance loss adjuster |
599612 |
|
214 |
insurance agent |
611211 |
|
215 |
retail buyer |
639211 |
