457/482: Age caps lifted for 457 visa holders for PR, Short-term stream pathway for 482 visa holders; Switzerland added to WHM visa program

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In a brief media release by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs today, access to permanent visas for subclass 482 - Temporary Skill Shortage visa holders in the Short-term stream and subclass 457 - Temporary Work (Skilled) visa holders who do not meet the age cap will be implemented along with more measures to encourage existing visa holders to remain.

Access to permanent visas for existing 457 and 482 visa holders

When 457 visas were abolished and replaced by the triple-streamed 482 visa (Medium-term stream, Short-term stream, and Labour Agreement stream) on 18 March 2018, the natural pathway to a permanent visa, a subclass 186 - Employer Nomination Scheme visa, went with it for many of those unlucky to be sponsored in an occupation on the Short‑term Skilled Occupation List (STSOL). This cohort was granted a 482 visa in the Short-term stream.

This is because only those sponsored in an occupation on the Medium and Long‑term Strategic Skills List (MLTSSL) have access to a pathway to the subclass 186 - Employer Nomination Scheme visa as this visa’s occupation list has all 482 visa MLTSSL occupations. The exception to the 186 occupation list is for specified workers who are those who held or was a successful applicant for a 457 visa on 17 March 2017. These are known as transitional arrangements, still due to expire on 18 March 2022.

Those holding 482 visas in the Labour Agreement stream may also be eligible for a 186 visa in the Agreement stream if their employer’s labour agreement has this facility.

Unless 482 visa holders in the Short-term stream were sponsored in a regional area and were eligible for a subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa, they would likely need to place their faith in obtaining an invitation for a General Skilled Migration (GSM) visa and be at the mercy of a state and territory government’s changing whims. With GSM numbers decimated from last program year, invitations are few and far between and the selection criteria much harder to meet.

With the pandemic, border closures, and critical skill shortages that introduced a special “COVID” visa (subclass 408 - Temporary Activity visa under the Australian Government endorsed events stream), the policy of cutting skilled permanent migration may have come back to bite.

In recognition of those that remained, the Minister announced two very important changes that are set to benefit around 20,000 482 visa holders and 457 visa holders. The announcement is to “improve access to permanent residence” for 482 visa holders in the Short-term stream, and legacy 457 visa holders who no longer meet the age requirement.

What exactly this means cannot be confirmed as no amending regulations have yet been registered. It is possible the 186 occupation list will be expanded or abolished for anyone who holds or held a 482 visa in the Short-term stream on a certain day, or age exemption for a transitional 457 worker under 50 increases or removed altogether.

Due to the upheaval on Australian businesses and labour markets over the last two years, it may also be possible that the transitional arrangements will be extended beyond 18 March 2022.

Subclass 485 – Temporary Graduate visa changes

Several changes will be made to 485 visas, which will sweeten the deal for international students. These are:

  • Allowing replacement 485 visa applications for those affected by travel restrictions,

  • Increasing the duration of this visa for those studying vocational courses (currently 18 months) or a master’s by coursework (currently 3 years),

  • Simplifying requirements for vocational graduates. This might involve abolishing the need for a provisional skill assessment, or opening up this visa to more trades, and

  • Extending existing provisions to recognise time spent offshore studying to count towards the Australian study requirement.

One last announcement is that skilled regional visas, which are the subclass 489 - Skilled - Regional (Provisional) visa, subclass 491 – Skilled Work Regional (Provisional) visa, and subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa, will be extended for the 9,000 or so visa holders stuck overseas. This will provide them more time to meet residency and employment requirements for their respective permanent visas.

462 visas: Switzerland added to WHM program from 1 January 2022

In a separate announcement yesterday, Switzerland will be added to the Work and Holiday visa program. The reciprocal arrangement is that Australians will not need a Swiss visa. Switzerland will become the 45th country to have a cultural exchange program with Australia

The maximum age of Swiss 462 visa applicants is 30 and it is not yet known whether they will be subject to annual caps like all other countries in the Work and Holiday visa program except for the United States which has no cap.