Australia is a popular destination for immigrants from around the world, offering a high standard of living, a strong economy, and a vibrant culture. If you’re currently in Australia on a Subclass 482 visa, also known as the Temporary Skill Shortage (TSS) visa, you may be considering making the transition to permanent residency. This blog will provide a comprehensive guide to the process of transitioning from a Subclass 482 visa to PR (permanent residency) in Australia.
482 to PR - Eligibility Criteria
To be eligible for permanent residency whilst holding a 482 visa in Australia, you must meet certain criteria. Some of the key eligibility criteria include:
- Age: You must be under the age of 45 at the time of your application (certain exemptions apply).
- English Language Ability: You must meet Competent English i.e be a citizen of and hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland. Alternatively, you must have a minimum score of 6 in each of the four components (reading, writing, speaking and listening) of the International English Language Testing System (IELTS) or equivalent test.
- Skills Assessment: You must have a positive skills assessment in your nominated occupation. Unless you are transitioning through the subclass 186 in the Temporary Residence Transition stream
- Work Experience: Depending on the visa you apply for, you may need to show that you have at least three years of work experience in your nominated occupation, or a related field. This is not required for General Skilled Migration Points Based visas, however, it may be in your best interest to show evidence of work experience to obtain higher points.
- Health and Character Requirements: You must meet the health and character requirements set by the Australian government.
482 to PR - Types of Permanent Residency Visas:
There are several types of permanent residency visas available for those transitioning from a Subclass 482 visa to permanent residency in Australia. Some of the most popular options include:
- Subclass 186 Employer Nomination Scheme (ENS): This visa allows you to apply for permanent residency if you have been nominated by your employer. Your employer must be able to demonstrate that they are unable to find an Australian citizen or permanent resident to fill the position and that they are willing to sponsor you for permanent residency.
The Subclass 186 visa has three streams, each with its own requirements and eligibility criteria:- Temporary Residence Transition Stream: This stream is for individuals who have been working in Australia for the same employer whilst holding a Subclass 482 (TSS) visa for at least two years (reduced from three on 25 Nov 2023) and have been nominated by the same employer for permanent residency. You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in. You must also meet the age, health and character requirements mentioned above.
- Direct Entry Stream: This stream is for individuals who are nominated by their employer your occupation must be on the relevant list of eligible skilled occupations. Most applicants need to have a skills assessment that shows they have the skills to work in the nominated position and at least 3 years of ‘skilled’ work experience in their occupation. You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in. You must also meet the age, health and character requirements mentioned above.
- Labour Agreement Stream: This stream is for individuals who are nominated by their employer through a labour agreement. Different criteria apply depending on the type of labour agreement.
- Temporary Residence Transition Stream: This stream is for individuals who have been working in Australia for the same employer whilst holding a Subclass 482 (TSS) visa for at least two years (reduced from three on 25 Nov 2023) and have been nominated by the same employer for permanent residency. You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in. You must also meet the age, health and character requirements mentioned above.
- Subclass 189 Skilled Independent visa: This visa is for those who are highly skilled and do not have a sponsoring employer. You must have a positive skills assessment, meet the points test criteria and be invited to apply to be eligible for this visa. You must also meet the age, health and character requirements mentioned above.
- Subclass 190 Skilled Nominated visa: This visa is for those who are highly skilled and have been nominated by a state or territory government. You must have a positive skills assessment, meet the points and be invited to apply to be eligible for this visa. You must also meet the age, health and character requirements mentioned above.
What documents are required for a 482 visa to PR?
The documents required to go from a subclass 482 visa to Australian permanent residency vary depending on the type of visa you are applying for. However, here is a list of common documents required for most permanent residency visas in Australia:
- Passport: A valid passport and copies of all pages, including any previous passports.
- Form 80: Personal particulars for character assessment (no longer required in most cases).
- Form 1221: Authority to release personal information to a third party.
- English Language Test Results: Proof of your English language proficiency, such as a test result from the International English Language Testing System (IELTS) or equivalent test.
- Skills Assessment: A positive skills assessment in your nominated occupation (unless you apply through the 186 TRT stream)
- Work Experience: Evidence of your work experience in your nominated occupation, including reference letters from previous employers, pay evidence, or evidence you have worked for your sponsor for 3 years, etc
- Educational Qualifications: Copies of your educational qualifications, including transcripts and degrees.
- Birth Certificate: A certified copy of your birth certificate.
- Marriage Certificate: If you are married, a copy of your marriage certificate.
- De facto Evidence: If you are in a de facto relationship evidence that your relationship meets de facto criteria as per the migration act and regulations.
- Police Check: A police check from each country you have lived in for 12 months or more in the past 10 years.
- Health Examination: Results of a health examination, including chest x-rays and medical reports.
- Character Declaration: A character declaration form, signed by a justice of the peace or authorised person.
- Military Discharge Papers: If you have been in the military.
- Divorce or Death Certificate: if you were previously married.
- Nomination by Employer: A nomination from your employer, demonstrating that they are unable to find an Australian citizen or permanent resident to fill the position and that they are willing to sponsor you for permanent residency.
- Financial Evidence: Evidence of your financial stability, including bank statements and proof of income.
- Application fee: The application fee for the visa you are applying for.
It is important to note that this list is not exhaustive and the documents required for your case depend on your individual circumstances and the application you are applying for. Failing to provide the correct information or documents may result in a visa refusal.
It’s important to ensure that all of the required documents are accurate and up-to-date. A good registered migration agent will have templates to assist with many of the above documents to ensure your supporting evidence meets the legal requirements. They will also know exactly what is required for your specific case.
Does my employer have to be an approved sponsor to nominate me for PR through an ENS visa?
An approved Standard Business Sponsorship (SBS) is not a requirement for the Employer Nomination Scheme (ENS) visa.
The ENS visa allows an Australian employer to sponsor a skilled worker for permanent residency in Australia. The employer must nominate the worker for the visa and the worker must meet the eligibility criteria, which include having the necessary skills and qualifications for the position and meeting the English language proficiency requirements.
For the Direct Entry Stream similar documents to a Standard Business Sponsorship (SBS) may be required when submitting the ENS nomination application.
For the Temporary Residence Transition Stream, if your employer’s SBS is no longer valid, similar documents to a Standard Business Sponsorship (SBS) may be required when submitting the ENS nomination application.
It is important to note that the employer must be a lawful and active business in Australia and must not have any outstanding obligations or debts to the Australian government.
Can I leave my sponsor when I submit a PR application whilst holding a 482 visa?
In most cases the answer is no, condition 8607 prevents the primary applicant from working outside of the nominated occupation or the business that nominated you whilst holding a 482 visa.
Unless an exemption applies, you can only work:
- for the business that nominated you, if your visa was granted in the Labour agreement stream
- for the business that nominated you or an associated entity, if your visa was granted in Medium or Short-term stream and your sponsor is an Australian business
- for the business that nominated you, if your visa was granted in Medium or Short-term stream and your sponsor is an overseas business
Whilst holding a 482 visa, you can only work for other businesses if:
- the occupation is specified by the minister in an instrument
- your employment is ending, and you are serving out a notice period
You cannot work in a different occupation in Australia unless:
- you apply for and are granted a new Temporary Skill Shortage visa or
- your new employer is approved a new nominated linked to your visa. You should keep in mind that if you intend to apply for a subclass 186 Temporary Residence Transition Stream the 3-year clock will restart is you change employers or
- until the bridging visa for the PR becomes active (a bridging visa for PR generally comes with nil conditions) or
- until the permanent visa has been approved
In addition, you must not stop working for more than 60 consecutive days whilst holding a 482 visa.
What happens when a permanent visa is lodged whilst holding a 482 visa in Australia?
When a permanent visa is lodged while holding a 482 visa (Temporary Skill Shortage visa) in Australia, the applicant is allowed to remain in the country until a decision is made on their permanent visa application.
If the permanent visa is granted, the applicant can then remain in Australia indefinitely. If the permanent visa is refused, the situation becomes more complex and it may be more difficult to rectify the mistakes or reasons for refusal down the line.
What happens if a permanent visa is refused in Australia?
If a permanent visa application is refused in Australia, the applicant will no longer be able to pursue that specific visa unless the decision is appealed and they may be barred from applying for another visa for a certain period of time, depending on the circumstances of the refusal. The applicant may also be required to leave Australia if they do not hold a valid visa. It is important to note that each case is unique and the specific consequences of a visa refusal will depend on the individual circumstances.
If a permanent visa application is refused in Australia, the applicant may have the right to appeal the decision with an independent review body. However, appealing a visa refusal can be a complex process that requires a strong understanding of immigration law and procedure.
During the appeals process, the independent review body will consider all relevant information, including any new evidence provided by the applicant, and make a fresh decision on the matter. The independent review body’s decision can be final or can be subject to further review, depending on the circumstances of the case.
It is also important to note that the independent review body does not have the power to grant visas; it can only make recommendations to the relevant government department. The ultimate decision on whether to grant a visa lies with the government.
In summary, appealing a permanent visa refusal in Australia is possible but can be a complex and lengthy process that requires a strong understanding of immigration law and procedure. It is recommended to seek the assistance of a qualified registered migration agent or lawyer to increase the chances of a successful outcome.
Do you need assistance going from a 482 to PR?
In most cases, the answer is yes. You will likely need assistance preparing and lodging a permanent visa application, particularly if you have limited knowledge of the visa requirements, the Australian immigration laws and regulations, and the complex application process. A registered migration agent or immigration lawyer can help you understand the eligibility criteria, gather the necessary documents, and complete the application forms accurately. This can increase your chances of a successful outcome and save you time and stress in the long run.
A registered migration agent is a professional who is authorised by the Australian government to provide immigration advice and assistance to individuals seeking to migrate to Australia. Migration agents are experienced and knowledgeable about the Australian immigration system and are trained to help you navigate the complexities of the visa application process.
Using a registered migration agent has several benefits, including:
Expert knowledge: Migration agents have extensive knowledge of the visa application process and are trained to stay up-to-date with changes to immigration laws and regulations. They can help you understand the requirements to go from a 482 to PR and ensure that your application meets all necessary standards.
Saving time: A migration agent can help you avoid mistakes and delays in the application process. They can prepare your application and provide you with guidance on what documents are required, ensuring that your application is complete and accurate.
Improving chances of success: Migration agents are experienced in preparing successful visa applications and have a good understanding of what immigration authorities are looking for. They can provide you with advice on how to present your application in the best light, increasing your chances of success.
However, it’s important to choose a registered migration agent carefully. Some migration agents may not have the knowledge or experience necessary to assist with going from a 482 to PR, and they may not provide accurate or up-to-date advice. In addition, some migration agents may charge excessive fees, which can make the 482 to PR process more expensive.
When selecting a migration agent, it’s important to consider the following factors:
Registration: Ensure that the migration agent is registered with the Office of the Migration Agents Registration Authority (OMARA). You can check this by visiting the OMARA website and searching for the migration agent’s name.
Reputation: Look for a migration agent who has a good reputation in the industry. You can ask for references from other clients who have used their services or check online reviews such as Google reviews to see what others have said about their experiences.
Experience: Look for a migration agent who has experience in preparing PR applications. An experienced migration agent will have a good understanding of the application process and be able to provide you with guidance and advice to increase your chances of success.
Fees: Make sure you understand the fees charged by the migration agent and that they are reasonable. Some migration agents may charge excessive fees, which can make the visa application process more expensive.
In conclusion, engaging a registered migration agent can help you navigate the complexities of the 482 to PR application process, increase your chances of success, and save you time and money. Just be sure to choose a migration agent who is registered, experienced, and has a good reputation.
At Migration Unity we offer a 100% money-back guarantee and specialise in the above-mentioned visa applications. We will only take you on as a client if we are confident that there is a high chance of success.
