IMPACT – MEDIUM

The Australian government has expanded access to the Subclass 186 Temporary Residency Transition (TRT) visa for two groups of visa holders.

Key Points:

  • Specified 457 visa holders. Individuals who held or applied for a subclass 457 visa (if it was later approved) on or before April 18, 2017, are eligible for the TRT visa if they:
    • Hold a valid 482 visa (Short-term stream) or Bridging visa.
    • Currently work for their sponsoring employer in the sponsored occupation.
    • Have worked or will have worked full time in their sponsored occupation while on the 457 or 482 visa for two years in the preceding three-year period.
  • Specified Person – Subclass 482 Temporary Skill Shortage visa holders. Beginning July 1, Temporary Skill Shortage visa holders who are currently on the Short-Term stream will be able to apply for permanent residency under the subclass 186 TRT visa. To be eligible, individuals must:
    • Hold a valid subclass 482 visa (Short-term stream) as the primary visa holder in the sponsored occupation of the sponsoring employer or a valid Bridging visa.
    • Have lived in Australia for at least 12 months between Feb. 1, 2020, and Dec. 14, 2021.
    • Have worked or will have worked full time in the sponsored occupation for three years in the preceding four-year period.

Additional Information: Individuals applying for the subclass 186 TRT visa must meet other related requirements, including requirements related to language skills, character, age and health status.

BAL Analysis: The Australian government has created new but limited pathways for some subclass 482 visa holders who stayed in Australia through the pandemic or those who obtained a subclass 482 visa through the Short-term stream from July 1. Currently, many individuals are not eligible for the TRT visa, including those who applied for a subclass 408 or other non-482 visas.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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