CONVINUS Global Mobility Alert Week 13.2022

Australia / March 31, 2022
Introduction of the possibility of permanent
residence for holders of short-term visas
The Australian Government announced new legislation in November 2021 that allows people who hold a Temporary
Work Visa (subclass 457) or a Temporary Skilled Shortage Visa (TSS, subclass 482) and are currently working in
Australia to apply for permanent residence under the Temporary Residence Transition (TRT) visa program of the
Employer Nomination Scheme (ENS, subclass 186). The pre-announced legislation will now come into force on July 1,
2022.
The new regulations are intended to recognize current employees who worked in Australia during the COVID-19
pandemic and to encourage them to remain in Australia. This will now be possible with the introduction of the new
legislation. People who hold a 457- and/or 482-visa and submitted their visa application after April 18, 2017 are
eligible for an ENS-visa provided they meet all of the following criteria:
You have been in Australia for at least 12 months between February 1, 2020 and December 14, 2021.
You are employed by a company that is actively and legally operating at the time of application.
You are under 45 years of age (there are also exceptions).
You have been employed in the same occupation for three of the last four years.
People who hold a 457-visa and have applied for their visa by April 18, 2017 are also eligible for the ENS-visa. They
need to prove that they fulfil the following criteria:
You are younger than 50 years old (there are also exceptions).
You have been working in the same occupation for two of the last three years.
The new legislation is intended to provide employers and employees with more stability and security and allow
them to better plan for the future.
4
convinus.com