Converting to PR from short-term list occupations is currently difficult

To explain: if an applicant’s occupation is on the short-term list — the short-term skilled occupation list — prior to this,they could only apply for a two-year Subclass 482,and were not eligible to apply for Subclass 186 (PR). Most applicants seeking PRcould only do so via the Subclass 494 regional employer-sponsored pathway or through state nomination. However, regional areas offer limited employment opportunities and state nomination policies are volatile — making these options very unfavourable for applicants with short-term list occupations.

A wide range of common short-term list occupations stand to benefit

This new policy is genuinely positive news for applicants with short-term list occupations. Common occupations that stand to benefit include:

Marketing specialist

Advertising Specialist

Graphic Designer

Real Estate Representative 

Finance Broker

Cafe or Restaurant Manager

ICT Sales Representative

ICT Support Engineer

Network Analyst

Cook

Massage Therapist

and any occupation currently on the short-term list

No need to leave major cities, no need to accumulate points for state nomination — a more direct pathway to permanent residency.

From1 July this yearapplications will open

– applicants mustbetween 1 February 2020 and 14 December 2021, have been in Australia for at least 12 months

– at the time of lodging the visa application, be employed by a legitimate Australian business

Meeting the above conditions enables an applicant to obtain PR through Subclass 186 TRT (even if the occupation is on the short-term list). Of course,applicants must also meet all existing Subclass 186 TRT requirements,namely:

– Mustholda Subclass 482/457 visa and work for the same employerfor three years

– Meet the age,English language (a score of 6 in each IELTS band), and character requirements

Based on the above requirements,the key to converting to PR is the Subclass 482 visa. For applicants unfamiliar with Subclass 482, here is a brief overview of the requirements:

– Have a qualified employer provide sponsorship

– The nominated occupation must be on the applicable occupation list

– The applicant must have at least 2 years of post-graduation full-time work experience relevant to the nominated position (or four years of equivalent part-time experience)

– MLTSSL applicants require an IELTS score of at least 5 in each band,short-term list applicants require an overall IELTS score of 5 with no individual band below 4.5(or equivalent scores in another accepted English language test)

– Meet health and character requirements

There is one further point to note regarding the new policy.

On one hand — based on the literal wording of the legislation,there is no requirement as to which visa was held during those 12 months in Australia,meaning thatif you held a Subclass 485 or student visa between 1 February 2020 and 14 December 2021,based on the current literal interpretation,having stayed in Australia for at least 12 months, you may in future be eligible to apply for PR through the Subclass 482 to Subclass 186 TRT pathway.

On the other hand — we anticipate, and the legislative explanatory materials suggest,that the purpose of this legislative amendment is to provide Subclass 482 holders with better permanent residency pathways. It is possible that further clarifying notes or restrictive conditions — such as limiting eligibility to Subclass 482 holders — may follow,and we will continue to monitor developments.