TSS to Permanent Residency

There are a number of ways a TSS visa holder can transition to permanent residency

Option 1
Temporary Residence Transition Stream (TRT)

TSS Visa holders who have been working in Australia with the same employer for three years may be eligible to apply for Permanent Residency through the Transitional Stream.

To be eligible to transition to permanent residency, your occupation must be on the medium long-term occupation list.

Depending on their location, TSS visa holders will apply through either the Employer Nominated Scheme (ENS) or the Regional Employer Sponsored Scheme (RSMS).

The employer must be willing to sponsor the applicant for permanent residency under the Temporary Residence Transition stream and must lodge a valid nomination with the Department of Home Affairs. This is one of the most common pathways to permanent residency and has many benefits.

The employer must also be willing to pay the Skilling Australian Fund (SAF) levy.

GENERAL
Hold a valid 457 or TSS Visa
Have been sponsored (as the primary applicant) by your nominating employer on a 457 or TSS Visa for at least three years
Your occupation must be listed on the MLTSSL for 186 applications
Your occupation must be listed on the Regional RSMS Occupation List for 187 applications

ENGLISH
You must demonstrate competent english unless you are exempt. See 186 & 187 Visa english exemptions

Do you need to increase your English score before you can apply? Click here for details about short English courses for IELTS and PTE.

AGE
You are under 45 years of age unless you are exempt. See 186 & 187 Visa age exemptions

GENERAL
Applicants can include the following people in their transitional permanent residency application:

-> Dependent children/step-children
-> Partner

PARTNERS
Your married or de facto partner can be the same or opposite sex. Applicants must prove:
• the relationship is genuine and continuing
• you live together, or do not live separately on a permanent basis.
• your partner is at least 18 years of age when the application is lodged (there are some exceptions)
• you are not related by family (if you are in a de facto relationship)
• you and your partner have a mutual commitment to a shared life to the exclusion of all others

CHILDREN
To be eligible to be included or added to a TSS visa, a child must:
• be your child or a stepchild from a current or a previous relationship (in certain circumstances);
• not be married, engaged to be married, or have a de facto partner; and must be:
• under 18 years of age
or
• over 18 years of age but not yet turned 23, and be dependent on you or your partner
or
• over 23 years of age and be unable to earn a living to support themselves due to physical or cognitive limitations and be dependent on you or your partner (Note: The child will still need to meet Australia’s health requirement)
or
• a dependent child of a child who is eligible under 1, 2 or 3 above.

ENGLISH
Applicants over 18 must demonstrate Functional English. You can demonstrate Functional English without IELTS if you:

•Completed all years of primary education and at least three years of secondary education in an educational institution in or outside Australia and all instructions were in English.
or
•Completed at least five years of secondary education in an institution in or outside Australia and all instructions were in English.

HEALTH & CHARACTER
All family members must meet the health and character requirements. All applicants over 16 must provide police clearances.

If you have any questions about these requirements or would like more information on who you can include on your 457 to PR application speak to one of our migration experts

Option 2
Direct Entry stream (DE)

TSS Visa holders who have not been working in Australia for three years, or who have changed employers while working in Australia, may still be eligible to apply for Permanent Residency through the Direct Entry Stream. Applicant’s occupation must be listed on the medium long-term skilled occupation list.

Your occupation must be listed on one of the Skilled Occupation Lists.

You may be able to apply for Permanent Residency through the direct entry stream if you meet the following requirements

WORK EXPERIENCE
You must have at least 3 years work experience in your nominated occupation

SKILLS
You will need to undertake a skill assessment before applying for a 186 or 187 Visa through the direct entry stream unless exempt. See 186 & 187 Visa skill exemptions

OCCUPATION
186 Visa (ENS) Applicants
Your occupation must be on the Medium and Long-term Strategic Skills List (MLTSSL)

187 Visa (RSMS) Applicants
Your occupation must be on the Regional Occupation List (ROL)

ENGLISH
You must demonstrate competent English

Don’t meet this requirement? Click here to increase your English score

AGE
You are under 45 years of age
or you can be older than 45 years if;

You are nominated under an eligible ANZCO

HEALTH & CHARACTER
Meet the health and character requirements (Unless you are exempt)

GENERAL
Applicants can include the following people in their transitional permanent residency application:

-> Dependent children/step-children
-> Partner

PARTNERS
Your married or de facto partner can be the same or opposite sex. Applicants must prove:
• the relationship is genuine and continuing
• you live together, or do not live separately on a permanent basis.
• your partner is at least 18 years of age when the application is lodged (there are some exceptions)
• you are not related by family (if you are in a de facto relationship)
• you and your partner have a mutual commitment to a shared life to the exclusion of all others

CHILDREN
To be eligible to be included or added to a TSS visa, a child must:
• be your child or a stepchild from a current or a previous relationship (in certain circumstances);
• not be married, engaged to be married, or have a de facto partner; and must be:
• under 18 years of age
or
• over 18 years of age but not yet turned 23, and be dependent on you or your partner
or
• over 23 years of age and be unable to earn a living to support themselves due to physical or cognitive limitations and be dependent on you or your partner (Note: The child will still need to meet Australia’s health requirement)
or
• a dependent child of a child who is eligible under 1, 2 or 3 above.

ENGLISH
Applicants over 18 must demonstrate Functional English. You can demonstrate Functional English without IELTS if you:

•Completed all years of primary education and at least three years of secondary education in an educational institution in or outside Australia and all instructions were in English.
or
•Completed at least five years of secondary education in an institution in or outside Australia and all instructions were in English.

HEALTH & CHARACTER
All family members must meet the health and character requirements. All applicants over 16 must provide police clearances.

If you have any questions about these requirements or would like more information on who you can include on your 457 to PR application speak to one of our migration experts

Option 3

TSS Visa holders who do not have an Australian employer willing to sponsor them for permanent residency may be able to apply through the General Skilled Migration Program.

Option 4

TSS Visa holders who are in a genuine committed relationship with an Australian citizen, Permanent Resident or eligible New Zealand citizen may be eligible to apply for an Australian Partner Visa.

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