The pathway to Permanent Residency (PR) from employer-sponsored visas has undergone significant changes in recent years.
- 25 November 2023: The Government removed barriers for Short-Term stream holders, granting them access to PR.
- 7 December 2024: The TSS 482 visa was replaced by the new Skills in Demand (SID) Visa.
If you currently hold a TSS visa or lodged an application before 7 December 2024, this guide explains your eligibility for PR under the legacy program and how the new rules may affect you.
Overview: PR Pathways from the TSS 482 Visa
Historically, the TSS visa offered three main pathways to permanent residency, depending on your stream and location.
| Stream | PR Visa | Key Requirements (Legacy) |
|---|---|---|
| Medium-Term (MLTSSL) | Subclass 186 (TRT) | 3 years with same employer (reduced to 2 years in 2023) |
| Short-Term (STSOL) | Subclass 186 (TRT) | Eligible from 25 Nov 2023 (2 years with same employer) |
| Regional (ROL) | Subclass 187 / 191 / 186 | 3 years regional employment (concessions apply) |
Pathway 1: Medium-Term TSS 482 Visa to PR
If your occupation was on the Medium and Long-term Strategic Skills List (MLTSSL) , you have always had a clear pathway to permanency.
Pre-2023 Requirements:
- Held a TSS visa in the Medium-Term stream.
- Worked for the same employer for 3 years in the nominated occupation.
- Competent English (IELTS 6.0 in each band or equivalent) – unless exempt.
- Under 45 years of age at the time of applying for PR.
- Employer nominates you under the Subclass 186 (Temporary Residence Transition) stream.
Post-25 November 2023 Change:
The qualifying period was reduced from 3 years to 2 years, aligning with the Short-Term stream and making PR accessible faster.
Pathway 2: Short-Term TSS 482 Visa to PR
Historic Change: 25 November 2023
Prior to this date, Short-Term stream holders (occupations on the STSOL) did not have a direct PR pathway and were limited to a maximum of 4 years in Australia (2+2).
Current Eligibility (Legacy Holders):
If you hold a Short-Term TSS visa, you are now eligible for PR provided:
- Your occupation is on the STSOL (or has been transitioned).
- You have worked for your sponsoring employer for 2 years in the nominated occupation.
- You meet the age (under 45), English, and health requirements.
- Your employer nominates you for the Subclass 186 (TRT) visa.
Note: The previous “Genuine Temporary Entrant” (GTE) requirement for Short-Term holders was effectively rendered moot by this PR pathway.
Pathway 3: Regional TSS 482 Visa to PR
If your occupation is on the Regional Occupation List (ROL) and you are working in a designated regional area, you have multiple PR options.
Option A: Subclass 186 (TRT)
- After 2 years (post-2023) or 3 years (pre-2023) with the same regional employer, you can transition to the 186 visa, provided you meet the standard criteria.
Option B: Subclass 191 (Skilled Regional)
- Designed for regional visa holders. Requires you to have lived and worked in a regional area for 3 years and have complied with visa conditions.
Option C: Subclass 187 (RSMS) – Legacy
- Some older nominations may still be linked to the Regional Sponsored Migration Scheme, though this has largely been phased out in favour of the 494 and 191 visas.
Regional Requirements:
- Work must be in a designated regional postcode.
- Must meet Competent English (IELTS 6.0) unless exempt.
- Under 45 years old at PR application.
Summary of PR Eligibility (Legacy TSS Holders)
| Requirement | Medium-Term (MLTSSL) | Short-Term (STSOL) | Regional (ROL) |
|---|---|---|---|
| PR Eligible? | Yes | Yes (from Nov 2023) | Yes |
| Work Period | 2 years (reduced from 3) | 2 years | 2-3 years (depending on visa) |
| Employer | Same employer | Same employer | Same regional employer |
| English (PR Stage) | Competent (IELTS 6.0) | Competent (IELTS 6.0) | Competent (IELTS 6.0) |
| Age Limit (PR) | Under 45 | Under 45 | Under 45 |
Key PR Visa: Subclass 186 (Temporary Residence Transition)
This is the primary visa for TSS holders seeking permanency.
Eligibility Checklist:
- Visa Held: You must hold a Subclass 457, 482 (TSS), or 482 (SID) visa.
- Time Period: You must have worked for your sponsoring employer for at least 2 years (within the last 3 years) in the nominated occupation.
- Note: The old 3-year requirement was reduced to 2 years for applications lodged from 25 November 2023.
- Occupation: You must continue to work in the same occupation as your TSS nomination. (STSOL, MLTSSL, and ROL occupations are all eligible, provided the nomination was valid).
- Age: Generally under 45 at the time of application. (Exemptions apply for high-income earners, academics, medical practitioners, and certain transitional 457 workers).
- English: Competent English (IELTS 6.0 in each band, or equivalent) unless you hold a passport from the UK, USA, Canada, NZ, or Ireland.
- Skills: You must have the required skills for the occupation (a formal skills assessment is not usually required for the TRT stream, unlike the Direct Entry stream).
Exemptions and Concessions
Age Exemptions
You may be exempt from the age 45 requirement if:
- You were a Subclass 457 visa holder on or after 18 April 2017 (Transitional 457 worker).
- You are a university academic (Level B or C) nominated by a university.
- You are a medical practitioner (including General Practitioner) nominated to work in a regional area.
- You have been working as a scientist, researcher, or technical specialist at ANZSCO Skill Level 1 or 2 for the sponsoring organisation for at least 2 years, and the nomination is for a critical need.
- Your income is significantly above the Fair Work High Income Threshold (exemptions may apply on a case-by-case basis).
English Exemptions
You are exempt from the English requirement at the PR stage if you hold a valid passport from the UK, USA, Canada, New Zealand, or the Republic of Ireland.
Alternative PR Pathways (If You Don’t Meet TRT Criteria)
If you do not meet the requirements for the Temporary Residence Transition stream (e.g., you haven’t worked 2 years, or your employer cannot nominate you), you may consider:
1. Employer Sponsored Direct Entry Stream (Subclass 186 DE)
- Requires a skills assessment.
- Requires 3 years of relevant work experience (can be with multiple employers, including overseas experience).
- Occupation must be on the relevant list (now the CSOL).
2. General Skilled Migration (GSM)
- Subclass 189 (Skilled Independent): Points-tested visa, no employer or state nomination required.
- Subclass 190 (Skilled Nominated): Requires nomination by a State or Territory government.
- Subclass 491 (Skilled Work Regional): Requires state nomination or family sponsorship in a regional area.
3. Partner Visa
- If you are in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, this can be a pathway.
4. Visa Options After Age 45
- If you have turned 45 and are not eligible for age exemption, you may consider:
- Subclass 494 (Skilled Employer Sponsored Regional): Provisional visa leading to PR (age concession for certain applicants).
- Subclass 491 (Skilled Work Regional): Points-tested regional visa.
- Significant Investor or Business Visas.
Transitional Arrangements: 457 to TSS to SID
The Department has put in place protections for workers caught in the transition between visa programs.
- Transitional 457 Worker: A person who held a Subclass 457 visa at any time on or after 18 April 2017. These workers often retain age exemptions and other concessions when applying for PR.
- Transitional 482 Worker: A person who, on 20 March 2019, either held a TSS visa in the Medium-term stream or had an application for one that was subsequently granted.
- New SID Visa Holders: From 7 December 2024, the new Skills in Demand visa offers a 4-year stay and requires only 1 year of work experience for the visa grant, and 2 years for the PR pathway.
Replacement of TSS 482 Visa (December 2024)
It is important to note that the TSS visa has been replaced by the Skills in Demand (SID) Visa. The new visa features a three-tiered system:
- Specialist Skills Stream: For high-income earners (>$135,000), 7-day processing.
- Core Skills Stream: For occupations on the new CSOL (earning $73,150-$135,000). This replaces the MLTSSL/STSOL/ROL system.
- Essential Skills Stream: (Under development) for lower-paid workers in sectors like Aged Care.
For Legacy TSS Holders:
You are not required to switch to the new SID visa. Your current visa remains valid, and your pathway to PR (outlined above) remains intact. However, if you change employers, you may need to apply for a new SID visa, which would then be subject to the new rules (including the 1-year work experience and 180-day job seeker period).
Summary
| Feature | Old TSS Rules (Pre-2023) | Post-25 Nov 2023 Rules | New SID Visa (Post-7 Dec 2024) |
|---|---|---|---|
| Work Exp (Visa Grant) | 2 years | 2 years (1 year from 23 Nov 2024) | 1 year |
| Work Exp (PR Pathway) | 3 years | 2 years | 2 years |
| Short-Term PR Access | No | Yes | N/A (Replaced by CSOL) |
| Time to Find Sponsor | 60 days | 60 days | 180 days |
Need Help with Your PR Application?
The transition from a TSS visa to Permanent Residency is complex, with many variables based on your stream, location, and application date. Whether you are a Medium-Term holder ready to apply, a Short-Term holder benefiting from the 2023 reforms, or a Regional worker seeking concessions, expert advice is crucial.
