Employer Sponsored Permanent Residency (186)

This is an Australian permanent residency visa, sponsored by an Australian employer. It permits the visa holder and their dependent family members, to live and work in Australia indefinitely. It gives the right to travel in and out of Australia for an initial five-year period. Australian permanent residents can apply for Australian citizenship, once they meet relevant criteria.

Visa Applicants

PLEASE NOTE: following the major changes to the skilled migration program which were implemented on 18 March 2018, certain visa holders are "protected" from these some of these changes, through transitional arrangements. These visa holders can continue to access the TRT stream of the employer sponsored permanent residency program, under some of the old rules ("grandfathering"), for a limited period.

Full details can be found under the heading CRITERIA FOR "PROTECTED" VISA HOLDERS further down this page.

The following requirements must be met by applicants:

  • Protected Visa Holders (PVH) - applicants who held/hold a 457 visa that was lodged prior to 19 April 2017: worked full-time in Australia in their nominated occupation, for their sponsoring/nominating employer, while holding a subclass 457 or 482 TSS visa (or any combinations thereof), for at least two of the last three years, excluding periods of unpaid leave; OR
  • Temporary Residence Transition (TRT) stream: worked full-time in Australia in their nominated occupation, for their sponsoring/nominating employer, while holding a subclass 457 or 482 TSS visa (or any combinations thereof), for at least three of the last four years, excluding periods of unpaid leave; OR
  • Direct Entry (DE) stream: received a positive skills assessment and has at least three years’ employment experience (post-qualification) in their nominated occupation
  • Nominated occupation appears on the relevant occupation list as follows:
    • PVH applicants: STSOL, MLTSSL, or any other 457 visa sponsored occupation
    • TRT stream: MLTSSL
    • DE stream: MLTSSL
  • Employer will nominate them for permanent residency
  • Meet health and character requirements
  • Have competent level English (exemptions may be available under the TRT stream)
  • Meet age requirements, unless exempt:
    • under 45 years - TRT stream & DE stream
    • under 50 years - PVH applicants
  • Meet registration, licensing or professional membership requirements, if mandatory for that occupation in Australia
  • Other requirements may apply, subject to the stream the applicant is applying under and/or their age at the time of application

CRITERIA FOR "PROTECTED" VISA HOLDERS

Certain visa holders are "protected" from some of the changes to the skilled migration program. These visa holders can continue to access the TRT stream of the employer sponsored permanent residency program, under some of the old rules ("grandfathering"), for a limited period of time. A "protected" visa holder is anyone that:

  • previously held (or currently holds) a 457 visa, that was lodged prior to 19 April 2017, and
  • continues to hold that same 457 visa, or a further 457 visa, or a 482 TSS visa, or a related bridging visa, at the time of applying for permanent residency

Access to these arrangements are not subject to the visa holder continuing to hold the same 457 visa, OR working for the same employer. The visa holder could have since been granted additional 457 and/or 482 TSS visas, and/or changed employers.

These visa holders can apply for employer sponsored permanent residency under the previous TRT stream rules, once they meet the following criteria:

  • worked full-time in their nominated occupation for at least two of the last three years, excluding any periods of unpaid leave
  • the same employer sponsored/nominated the visa holder's 457 and/or 482 TSS visa(s) during that period
  • the same employer will nominate the visa holder for permanent residency
  • the applicant is under 50 years of age, unless exempt
  • the applicant has competent English, unless exempt
  • other relevant requirements are met

Applications must be lodged no later than 18 March 2022. After that time, "protected" status will expire and relevant requirements will apply thereafter.

Employers

The following requirements must be met by Employers:

  • Be lawfully and actively operating a business in Australia
  • Have a genuine need for a paid employee to fill a position in their business
  • Meet training spend requirements – must have spent a figure on training that equates to at least 1% of payroll spend over the immediate past 12 months. The same training spend figure applies for each year the business has sponsored overseas employees under the 457 temporary work visa
  • If established less than 12 months, the business must provide an auditable training plan and have a commitment to training Australian employees
  • Have a satisfactory record of complying with Australian Immigration Laws

Nominated Position

The following requirements must be met in relation to the nominated position:

  • Genuine position
  • Full-time
  • Available for at least two years from the grant of permanent residency, or be an ongoing permanent position
  • Nominated occupation appears on the relevant occupation list as follows:
    • TRT stream 1: STSOL, MLTSSL, or any other 457 visa sponsored occupation
    • TRT stream 2: MLTSSL
    • DE stream: MLTSSL
  • Meet relevant Australian laws and Award conditions where applicable
  • Terms of employment are not less favourable than those provided to equivalent Australian employees

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