Can an Australian TSS Visa Holder Apply for Permanent Residency (PR) Within Three Years?

Understanding the requirements and timelines for applying for permanent residency (PR) as an employer-sponsored Temporary Skill Shortage (TSS) visa holder is essential for individuals pursuing long-term residency in Australia.

Overview of TSS Visa Changes

The Temporary Work Skilled visa subclass 457 visa, which was in use until 2018, has been replaced by the Temporary Skill Shortage (TSS) visa. This new program includes two main streams: Short-term and Medium-term. The implementation of these new streams has significantly impacted how temporary workers can transition to permanent residency.

The Short-term Stream

The Short-term stream is designed for employers seeking temporary, overseas skilled workers for occupations included on the Short-term Skilled Occupation List (STSOL). These positions can be filled for a maximum of two years, with an extension to four years for jobs with an international trade obligations. However, the Short-term stream does not provide a pathway to permanent residency.

The Medium-term Stream

By contrast, the Medium-term stream allows employers to hire skilled workers for medium-term critical skills in occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL). These workers can stay for up to four years, which is a significant extension from the previous 2-year limit of the 457 visa. More importantly, workers in the Medium-term stream become eligible to apply for permanent residency after three years of full-time work.

Eligibility for PR Application

According to recent reforms, individuals who are on the Medium and Long-term Strategic Skills List (MLTSSL) are given preference in terms of transitioning to permanent residency. Therefore, a TSS visa holder who moves to an MLTSSL occupation can apply for permanent residency after three years of continuous work. This change provides more flexibility and a clearer pathway for workers to remain in Australia long-term.

Documentation and Requirements

To apply for permanent residency under the TSS visa, an individual must:

Hold a valid TSS visa Be employed in a role on the MLTSSL occupation list Have held the job for at least three years Show proof of work experience and skills that align with the MLTSSL

Additionally, individuals should ensure that they meet all other eligibility criteria as outlined by the Department of Home Affairs (DHA).

Official Resources

For comprehensive information and detailed guidance, individuals can refer to the official DHA website:

Abolition and replacement of the 457 visa - Government reforms to employer-sponsored skilled migration visas

Conclusion

The transition from the 457 visa to the TSS visa has provided more opportunities for skilled workers in the medium-term sector to secure long-term residency in Australia. While the Short-term stream does not offer a pathway to PR, the Medium-term stream has set a clear three-year timeline for PR applications. Aspiring Australians in this sector should carefully review the eligibility requirements and take advantage of this new opportunity.