On 17 March, the Department of Home Affairs released a new employer-sponsorship policy, delivering on an earlier commitment. In short, applicants whose occupation sits on the short-term list are now given a pathway to apply for the 186 TRT (PR) stream. Certain 457 visa holders who do not satisfy the transitional arrangements can also apply via 186 TRT.

Moving to PR from a short-term occupation has been difficult

A quick explanation: if an applicant’s occupation is on the short-term list, previously they could only apply for a two-year 482 and were not eligible for the 186 (PR). Most applicants could only pursue PR through the 494 regional employer-sponsored visa or a state-nominated pathway. However, regional job opportunities are limited and state nomination policies are unstable, which made things very unfriendly for applicants on the short-term list.

Many common short-list occupations benefit

The new policy is genuinely positive news for applicants whose occupation is on the short-term list. Common occupations that 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 the major cities, no need to scramble for points for state nomination — there is now a more direct pathway to permanent residence.

Summary of the new policy

Applications open on 1 July this year.

– The applicant must have been in Australia for at least 12 months between 1 February 2020 and 14 December 2021

– At the time of lodgement, the applicant must be working for an Australian-registered, legally operating business

Applicants who meet the conditions above may apply for the 186 TRT to obtain PR (even if the occupation is on the short-term list). Of course, the applicant must still satisfy the existing 186 TRT requirements, namely:

– Hold a 482 / 457 visa and work for the same employer for three years

– Meet the age, English (four sixes), and character requirements

How do you “first obtain” a 482?

From the conditions above, you can see that the key to moving to PR is the 482 visa. For applicants who are not yet familiar with the 482, here is a quick summary of the requirements:

– Sponsorship from a qualified employer

– The nominated occupation must be on the relevant occupation list

– After graduation, the applicant must have at least 2 years of full-time work experience related to the nominated role (or four years of equivalent part-time work experience)

– Applicants on the medium- and long-term list need an IELTS score of 5 in each band; applicants on the short-term list need an overall IELTS score of 5 with no band below 4.5 (or an equivalent score in another accepted English test)

– Meet the health and character requirements

Points still to be confirmed

One more point worth noting about the new policy.

On one hand, on the plain wording of the Home Affairs legislative instrument, there is no requirement on the type of visa the applicant held during those 12 months in Australia. In other words, if you held a 485 or a student visa between 1 February 2020 and 14 December 2021, on the current literal reading, having spent 12 months in Australia, you could in future apply for PR via the 482-to-186 TRT pathway.

For example:

Zhang San held a student visa in Australia between 1 February 2020 and 14 December 2021, studied a marketing degree at the University of Sydney, and spent at least 12 months in the country. After graduating, he accumulated two years of full-time work experience as a marketing specialist and then applied for a 482 visa (note: short-term-list occupations can only be granted a two-year 482, but it can be applied for twice). After working for the same employer on a 482 for three years, he is eligible to apply for PR.

Although that timeline sounds long, against the current tough immigration environment, at least the applicant does not need to leave the big cities for a regional area to find new work opportunities; the main pain point is simply having to stay with the one employer for three years.

On the other hand, we also expect — and the explanatory material hints at this — that the purpose of this amendment is to give 482 holders a better pathway to permanent residence, so it is possible that further clarifications will restrict the concession to 482 holders or add similar conditions. We will continue to monitor it.

Applications are not yet open. Once 1 July arrives and the stream goes live, if additional restrictions or more detailed guidance are published we will update everyone accordingly.

All in all, for 482 / 457 holders whose occupation sits on the short-term list, this is genuinely positive news for moving to PR.