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Permanent Residency After the TSS Visa


Written By Michael Walker
Thu, Feb 22, 2018
Michael Walker

According to a recent release, The Department of Home Affairs (DHA), DHA is formerly the Department of Immigration and Border Protection, is in the final stages of preparing for implementation of the Temporary Skills Shortage (TSS) Visa in March 2018. The DHA has stated that 'the exact implementation date [has been] impacted by legislative and systems release processes and timeframes.'

The implementation date of the TSS Visa and subsequent repeal of the 457 visa will be confirmed by the DHA as soon as possible. We will continue to provide further updates as soon as possible when new information is released.

The key changes being introduced for the ENS and RSMS visa programs in conjunction with the implementation of the TSS Visa are subject to the transitional arrangements and the final drafting of regulations.

The current changes as outlined by the DHA are as follows:

  • Skilled occupation list changes: The MLTSSL will apply to the ENS and the RSMS, with additional occupations available through the RSMS to support regional employers
  • Salary arrangements: the new market salary framework planned to be introduced for the TSS visa will also apply to ENS and RSMS, including Temporary Skilled Migration Income Threshold (TSMIT) requirements
  • The eligibility period to transition to permanent residence will be extended from 2 to 3 years
  • At least 3 years of work experience relevant to the particular occupation will be required
  • All applicants must be under the maximum age requirement of 45 years at the time of application
  • Existing exemptions for applicant age or English language testing will continue
  • The Direct Entry (DE) stream will continue to be available

Transitional Arrangements for the Temporary Residence Transition (TRT) Stream

Subclass 457 visa holders and applicants applying for permanent residence after March 2018 will have access to the following provisions.

For those who held a subclass 457 visa on 18 April 2017 and continues to hold this visa or a 457 visa/TSS visa/related bridging visa at time of application

OR

Applicants that lodged a subclass 457 visa application on or before 18 April 2017 which was subsequently granted and continues to hold this visa or a 457 visa/TSS visa/related bridging visa at time of application

New requirements apply subject to the transitional provisions outlined below:

  • occupation list requirements will not apply
  • the age requirement will remain at less than 50 years of age with existing age exemptions still available, and
  • the minimum period an applicant is required to have been employed in their nominated occupation as the holder of a subclass 457 or TSS visa will remain at two years.


All other applicants
New requirements apply (e.g. new age requirements and three year transitional period on a temporary visa).
 

More TSS Visa Implementation Updates from the Department of Home Affairs

Subclass 482 (TSS Visa) Policy Updates

Changes to Sponsorship for the New TSS Visa

New Changes to Skilled Occupation Lists

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