There are a few substantial differences between the medium-term stream and the short-term stream of the TSS 482 visa.

At their core, both streams are part of the same temporary, skilled, employer-sponsored visa in Australia.

Many clients have made questions whether there is a pathway of 482 Visa to Permanent Residency.

Yes, even neither stream has an age requirement, but there is an age requirement for the ENS 186 visa that could be accessed via the Temporary Residence Transition stream if you hold a Visa subclass 482 in the medium-stream. This stream is a pathway to PR from 482 visa.

The key differences of are:

• Length of stay in Australia
• English test scores required
• Genuine Temporary Entrant requirement
• Possibility for “renewal”
• Availability of PR pathway (through ENS 186 visa temporary residence transition stream)

The English “exemptions” are the same for both streams (while the test scores required are different, where an “exemption” is not available).

Have a look at this TSS 482 Occupation List to determine which stream you are in.

There are many Employer Sponsored Visas in Australia, 482 Visa is the most popular amongst those. However, each scenarios will fit in each type of Sponsored Visa. 

Please have a look at all Employer Sponsored Visas in Australia here ! Or Click here for arranging an appointment with our Immigration lawyers !

What determines the stream I am in?

With sponsored and skilled work visas, selecting the correct occupation is essential. If the wrong occupation is used, this can lead to refusal of nomination and/or visa application.

For TSS 482 visa, it is important this occupation is consistently used all the way through Labour Market Testing, nomination application, contract, visa application, work experience, skills assessment (if required).

For the TSS subclass 482 visa, you are in either the medium-term stream or the short-term stream based on your occupation. If your occupation is on the MLTSSL, then you would be in the medium-term stream. If your occupation is on the STSOL, then you would be in the short-term stream. Some occupations are on the regional-occupation list (ROL) , which has some perks of the medium-term stream (4-year visa) with some of the drawbacks of the short-term (not eligible for the 186 PR pathway).

Medium-Term stream visa 482 requirements and its PR pathway

Successful applications in the medium-term stream can receive an up-to-4-year 482 visa. The length depends on how many years your employer sponsors you for. As this visa can be sponsored for longer, this leads to a higher Skilling Australians Fund levy bill for the sponsor to pay.

The medium-term stream for employer sponsored visa Australia has a higher English test requirement, including:

• IELTS 5.0 overall, with at least 5 in each category
• PTE Academic 36 overall, with at least 36 in each category

There is NO limit on the number of “renewals” under the medium-term stream. You can apply for a new 482 visa in the medium-term stream if you are not yet ready or able to progress to permanent residency by the end of your first one.

If granted 482 visa in the medium-term stream, you can proceed to the ENS 186 visa after 3 years of service on the 482 visa (so long as your occupation remains on the MLTSSL and you meet all other requirements, such as age and competent English).

Short-Term stream visa 482 Requirements and Its PR Pathway

The short-term stream allows occupations that are experiencing a skills shortage in Australia (but not as severe a shortage as for the medium-term stream) to enter Australia to work for up to 2 years.  The maximum visa length is extended to up to 4 years if International Trade Obligations apply.

The short-term stream, unlike other streams of the 482 visas, requires the applicant to show they are a Genuine Temporary Entrant. We have written a detailed article on this requirement here. Under policy, for the short-term stream of the 482 visa, this is generally taken to be met if the applicant has not yet spent 4 years in Australia.

The short-term stream has a lower English test requirement, including:

• IELTS 5.0 overall, with at least 4.5 in each category
• PTE Academic 36 overall, with at least 30 in each category

The short-term stream also has a special limitation that you can only apply for ONE additional short-term stream Visa 482 in Australia. To lodge your third short-term stream 482 visa, you would need to travel out of Australia and apply while you are OFFSHORE. This requirement seems to be an exceptional requirement to reinforce that the short-term stream is for genuine temporary purposes only and not designed to maintain ongoing residence in Australia.

Generally, if you get a 482 visa under the short-term stream, it is unlikely that you will be able to use the Temporary Residence Transition stream of the 186 visa (unless you held a 457 visa previously, then it may be worth looking deeper). However, you may be eligible for permanent residency through a different program, such as the Visa 190 program or also called skilled nominated under General Skill Migration program.

Regional Occupation List

Occupations on the Regional Occupation List fall apply for a 482 visa under the medium-term stream, however, may not have the same access to the PR pathway. They do however have similar features of higher English test requirement, up to 4 years of sponsorship and do not face the barrier to lodging a third 482 visa that applies to the short-term stream.

Why aren’t regional occupations eligible for the 186 PR pathway?

Changes to the way employer sponsored visas worked mean that even for the Temporary Residence Transition stream of the ENS 186 visa, your occupation needs to be on the occupation list. This occupation list is the MLTSSL. If your occupation is on the Regional Occupation List, then it is not on the MLTSSL. As such, you will not meet the occupation list requirement. There are some concessions to the occupation list requirement for Temporary Residence Transition stream.

The changes in 482 visa for Short Term occupation to Permanent Residency, What occupations are able to get PR on 482? 

We do not have much information on the announced changes allowing some short-term stream visa holders to access permanent residency or the specific Short Term occupation list that is eligible for the pathway.

Sometimes these announcements do not mean that a new pathway is being produced, but that the existing options will stay available. However, given the targeted nature of the announcement, it seems that a new pathway is at play.

It is unlikely that this will be an extension of the Temporary Residence Transition pathway to all short-term stream 482 visa holders, as this would erase a big part of the distinction between the two streams. So far, it is unclear what group of short-term stream 482 visas might get access to the

Minister Hawke has said “This is a special concession recognising those highly skilled migrant workers who chose to stay in Australia throughout the pandemic, while continuing to address Australia’s acute shortages. This allows them to stay here, with a pathway to Australian citizenship,”

This suggests it will be limited to those in Australia and is unlikely to benefit anyone who is currently looking to come to Australia for the first time.

Logic would suggest that the same concession would be made to applicants under the Regional Occupation List, however, we will need to wait to see if this happens.

One possibility is this could mean the Government will identify a group who were in Australia through the “pandemic period” (a concept already in use for some graduate visas 485 and some skilled visa (190,491,189) concessions) and permit them special access to the Temporary Residence Transition stream of the ENS 186 visa. From the 186 nomination and visa requirements, such a concession does not seem simple, and might require reworking quite a few different clauses. Again, this is merely one hypothesis.

Another possibility could be that this will be specific to certain short-term stream occupations that became seen as especially “critical” during the COVID-19 pandemic, despite not being as “critical” prior (Enrolled Nurses 411411 spring to mind).

We will wait to see how this develops, and look forward to any benefits it might bring for skilled workers.

Work Visa Lawyers – TSS Visa 482 services

Work Visa Lawyers will assess whether your occupation and your current profile fits into skilled employer sponsored Visa in Australia and if you meet the other criteria for the relevant visa.  We will then draft and collate all the necessary paperwork, submit it, and follow up on your behalf.

We are one of the best Immigration Agents and Lawyers in Australia. we are based in South Australia, and you are always welcome to book an appointment with us via phone call, Zoom/Skype or Face to face consultation.

Book an appointment with one of our experienced Immigration Lawyers and Registered Migration Agents here.

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Sources: https://minister.homeaffairs.gov.au/AlexHawke/Pages/visa-changes-to-support-the-reopening-of-australia.aspx