A couple of new legislative Instruments regulating the arrangements for COVID affected SC457 or SC482 visa holders came to effect  on 24 November 2020 .

According to the previous rules in order to be nominated for a permanent SC 186 visa through the Temporary Residence Transitional stream  (TRT stream) the holders of SC 457/482 visa must work with the sponsor full time for at least 3 years of the 4 years prior to the nomination. If the holders of SC 457 or Sc 482 visa were of 45 y.o and over when applying for SC 186 (TRT stream) visa they  were eligible for Age exemption on the basis of earning at the Fair Work High Income Threshold working in the nominated occupation for the nominating employer for at least the last 3 years.

New legislative Instruments relax the requirements for COVID affected applicants.

According to these Instruments the holders of SC 457 or SC 482 visas will be still eligible to apply for Sc 186 visa using the TRT stream if the change of employment conditions occurred during the concession period  starting from 1st of February 2020 and was due to the COVID pandemic.

The legislator stated that the period of time required to be employed in the occupation and the position for TRT stream SC 186 nominations and visas, will not be affected by the visa holder working reduced hours or being on unpaid leave during the concession period, as a result of the coronavirus pandemic. The required period of employment prior to applying for these visas will include any period of reduced work hours or unpaid leave during that period.

Those SC 457 and SC 482 visa holders who were previously exempt from age requirements when applying under the TRT stream for SC 186 visa on the basis of earning at the Fair Work High Income Threshold will continue to be eligible for the age exemption, despite their earnings being affected by a coronavirus employment change. A pro-rata income threshold for the period when their earnings were impacted by the COVID-19 pandemic may be applied where required.

For questions about Australian visas and Immigration matter please contact a Registered Migration Agent.

Yana Asmalovskaya

www.becomeaustralian.com

Mobile: 0413392894  Email: yana@becomeaustralian.com