Short-term occupation holders can now apply for Subclass 186 TRT to obtain PR

Legislated (further amendments may follow), effective 1 July 2022

Recently, apiece of news confirming that short-term occupation holders can pursue Subclass 186 TRT to obtain PR hasbeen an enormous piece of good news for many prospective applicants who have been searching for a migration pathway. Over the past month, we have been receiving a very high volume of enquiries from short-term occupation holders. Let me give everyone a brief summary here.

This has been confirmed in both a newsletter on the Department of Home Affairs website and through formal legislation,with an implementation date of 1 July 2022. The current legislation does not address many details, and some questions remain unresolved — we will keep an eye out for further updates.

However, many of the requirements can already be confirmed.

So which short-term occupation applicants are eligible to apply for Subclass 186 TRT through this pathway?

According to the Department of Home Affairs website —

1) Must have been in Australia for at least one year during the period from 1 February 2020 to 14 December 2021;

2) The Subclass 186 TRT applicant must meet all Subclass 186 TRT stream nomination and visa application requirements;

3) This pathway is limited to applications lodged within two years after 1 July 2022(that is, before 1 July 2024, the applicant must already hold a Subclass 457 or 482 visa and have worked for the same employer for more than three years to be eligible; in other words, if you are not currently a Subclass 457 or 482 visa holder, this pathway does not apply to you)

There may be further legislative amendments after this, and we will update everyone at the earliest opportunity

Age limit removed for legacy Subclass 457 workers transitioning to Subclass 186 TRT

Legislated, effective 1 July 2022

In addition, from 1 July 2022,the Migration Act has added legacy Subclass 457 workers into the age exemption provisions,meaning the age restriction for transitioning to Subclass 186 TRT has been removed (normally, applicants must be under 45 years of age when lodging a Subclass 186 visa application).

The definition of legacy Subclass 457 workers in the Migration Act is as follows:

1)   Held a Subclass 457 visa on or after 18 April 2017; and

2)   Was present in Australia for at least 12 months during the period from 1 February 2020 to 14 December 2021;

Workers who satisfy both of the above conditions will be exempt from the age restriction and can proceed directly to PR through Subclass 186 TRT.

Short-term occupation holders may lodge a third Subclass 482 visa application

Legislated, effective 1 July 2022

Subclass 482 short-term occupation visa holders may lodge a third Subclass 482 visa application onshore from 1 July 2022. Thischange has been legislated, but applicants must meet the following conditions:

1) Must be a holder of a short-term Subclass 482 visa; and

2) Must have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and

3) The third Subclass 482 visa application must be lodged before 1 July 2023, unless the Minister specifies a later date

For more detailed information about employer-sponsored concession policies, feel free to contact us directly!

Apply for a Subclass 408 visa with work rights if you have a job in Australia

Legislated and in effect

On 2 March 2022, Minister for Immigration Alex Hawke announced a significant change by the Australian Government to the Subclass 408 COVID-19 visa:Work rights have been broadened from being limited to key sectors required under the Subclass 408 visa to all sectors — meaning if you have a job, you can lodge a Subclass 408 visa application!This “free visa” is undoubtedly another significant boost to the local labour market.

The key features of the updated Subclass 408 visa are as follows:

1) Key-sector occupations (such as:aged care, agriculture, early childhood education, disability care, food processing, healthcare, tourism, and hospitality) are eligible fora 12-monthSubclass 408 visa;

2)Non-key-sector occupationsare also eligible fora 6-month Subclass 408 visa to work full-time onshore lawfully;

3) Applicants must provide evidence of employment when lodging the visa application;

4) Applicants must lodge the Subclass 408 visa application within 90 days before their current substantive visa expires, or within 28 days after their substantive visa expires;

5) The updated Subclass 408 visa has, from 21 February 2022, removed the pathway for applicants stranded in Australia due to COVID-19 — it is now limited to applicants with local employment.

A friendly reminder to all readers: Subclass 408 visas typically include Condition 8107 work restriction.So if you need to change employers while holding a Subclass 408 visa, remember to notify the Department of Home Affairs.

Automatic extension for offshore Subclass 485 visas expiring soon or already expired

In effect

As far back as late last year, news emerged that offshoreSubclass 485 visa holders who were unable to enter Australia due to COVID-19 and whose visas had expired could have their visas automatically extended to30 September 2022. The Department of Home Affairs delivered as expected — a large group of my students had their Subclass 485 visas successfully extended on 18 February 2022, and they happily booked their flights back to Australia.

However, this policy does not apply to applicants who remained in Australia throughout the pandemic — their Subclass 485 visas will not be extended.

Let me also outline the conditions required for this extension:

1)  The primary applicant was outside Australia at any time between 1 February 2020 and 14 December 2021;

2)  Currently holds or previously held a Subclass 485 visa that expires before 1 October 2022;

3)  The Subclass 485 visa has not been cancelled, and is not a secondary applicant on a Subclass 485 visa;

4)  Visas held by associated family members will also be extended.

At this point, we hope you can understand the Department of Home Affairs’ motivation for introducing this policy,which is primarily to enable more students stranded overseas toreturn to Australiaas quickly as possible and thenapply for the Subclass 485 replacement visa(before this supplementary policy was announced, those whose visas had already expired were racking their brains about how to return to Australia, while those approaching their expiry date were rushing to arrange their return) — making visa arrangements easier while also helping more people contribute to the local labour market.

Now let us also talk about the Subclass 485 replacement visa:

Most requirements have been announced, expected to take effect in mid-2022

As far back as late last year, the replacement for the Subclass 485 visa had already been announced. This scheme will commence in mid-2022, and the replacement visa currently applies only to holders or former holders of the Subclass 485 Graduate Work visa who were affected by Australia’s travel restrictions.

Applicants for the replacement visa must meet the following requirements:

1) On or after 1 February 2020, currently holds or previously held a Subclass 485 visa;

2) Was outside Australia at any time between 1 February 2020 and 1 December 2021.

Applicants who meet the above conditionswill be granted the full validity period of their original Subclass 485 visa, with the length of validity depending on the applicant’s previously completed qualifications. The application fee for the replacement visa is AUD $1,680, and family members can also be included as secondary applicants.

Subclass 476 concessions for engineering graduates offshore

Legislated and in effect

This visa can be understood as an offshore visa specifically forengineering graduates, offering an 18-month “overseas Subclass 485 work visa”.It is worth noting that the applicant’s institution must be a signatory to the Washington Accord for the application to be eligible. There are also some other requirements I will not go into detail here — if you are interested, feel free to get in touch with us for a detailed consultation.

Updates regarding the Subclass 476 visa:Now legislated and implemented — Subclass 476 visa holders affected by COVID-19 international border restrictions who were unable to enter Australia will have their visas extended to 14 April 2024, effectively a two-year extension!

Primary applicants eligible for this extension must meet the following conditions:

1) Already holds a Subclass 476 visa that meets the primary applicant requirements; and

2) The applicant was outside Australia before the original visa expired; and

3) The applicant was outside Australia at any time between 1 February 2020 and 14 December 2021; and

4) The Subclass 476 visa held by the applicant while they were overseas was a valid visa; and

5) The original Subclass 476 visa must expire before 14 April 2024; and

6) The visa was not cancelled before the original Subclass 476 visa expired.

This updated policy officially came into effect from 31 January 2022.

Work rights relaxation updates for other onshore visa holders

Subclass 500 student visa holders

In January this year, the Department of Home Affairs updated the work rights for student visa holders, granting all international students — including primary applicants and spouses — the right to work full-time in any industry, provided it does not affect their studies. According to the Department’s scheduled review date, this policy will be reviewed this month, at which point it will be known whether it will continue.

Subclass 407 Training visa

From 2 March 2022, all spouses of Subclass 407 visa holders may work full-time in any industry. This policy applies to current visa holders and new applicants alike. This policy will also undergo its scheduled review this month.