Can a Temporary Skill Shortage Visa Holder Apply for PR in Australia?

Australia is a prime destination for skilled workers seeking career advancement and better opportunities. Many people enter the country on a Temporary Skill Shortage (TSS) Visa, which allows skilled workers to fill job shortages. 

A common question among TSS visa holders is whether they can apply for permanent residency (PR) after holding the visa for some time. The good news is that there are several pathways available for TSS visa holders to transition to PR, provided they meet certain requirements.

What is a Temporary Skill Shortage Visa?

The TSS Visa allows skilled workers to live and work in Australia for an approved employer, addressing labor shortages in various sectors. The TSS visa is divided into three streams:

• Short-Term Stream: For occupations on the Short-Term Skilled Occupation List (STSOL), typically valid for up to two years with a possible renewal. This stream doesn't usually lead to PR.

• Medium-Term Stream: For occupations listed on the Medium and Long-Term Strategic Skills List (MLTSSL), valid for up to four years and offering a direct pathway to PR after three years of work.

• Labour Agreement Stream: For workers sponsored by an employer under a labor agreement, which may provide a pathway to PR.

Pathways to Permanent Residency for TSS Visa Holders

While the TSS visa is temporary, there are various options for visa holders to obtain PR.

1. Employer Nomination Scheme (ENS) Visa (Subclass 186)

This visa allows TSS holders to transition to permanent residency if they meet the eligibility criteria. The Temporary Residence Transition (TRT) stream of the ENS Visa requires the applicant to have worked for the same employer for at least three years on a Medium-Term Stream TSS Visa, receive employer nomination for PR, and meet skills and language requirements.

2. Regional Sponsored Migration Scheme (RSMS) Visa (Subclass 187)

For TSS holders working in regional areas, the RSMS Visa offers another route to PR. The eligibility criteria are similar to those of the ENS Visa but are specific to regional employment. Applicants must have worked in a regional area for at least three years and meet English and skill requirements.

3. Skilled Independent Visa (Subclass 189) and Skilled Nominated Visa (Subclass 190)

TSS visa holders may also qualify for the Skilled Independent Visa (Subclass 189) or Skilled Nominated Visa (Subclass 190). These visas are based on a points system, requiring applicants to meet specific criteria like occupation, work experience, and English proficiency, without employer sponsorship.

Steps to Apply for PR

If you are a TSS Visa holder looking to apply for PR, follow these steps:

• Check Eligibility: Determine the best PR pathway for your occupation and visa stream.

• Work for Required Period: If applying via employer sponsorship, complete the necessary work period (usually three years).

• Meet Skill and Language Requirements: Ensure you meet the English proficiency and skill assessment criteria.

• Get Employer Nomination (If Required): Obtain a nomination if applying through ENS or RSMS.

• Submit Expression of Interest (EOI): For points-based visas, submit an EOI through the SkillSelect system.

• Lodge PR Application: Once invited, submit your application with the required documents.

While the TSS Visa is temporary, holders can transition to permanent residency through various pathways, such as the Employer Nomination Scheme, Regional Sponsored Migration Scheme, or Skilled Independent Visas. Careful planning and meeting eligibility criteria are key for TSS visa holders who wish to settle permanently in Australia.

For expert guidance on your immigration journey, contact Oasis Visas today! We're here to help you every step of the way. Reach out to us via email at info@oasis-india.com. Let’s make your dreams of living and working abroad a reality!