If you are an international student or skilled worker in Australia, you may be eligible for the TRT stream. The Temporary Residence Transition (TRT) stream is a pathway to permanent residency in Australia for those who have worked in Australia for at least two years under a temporary visa.
This is also a pathway for people who are nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency.
This stream includes the subclass 186 visa that allows temporary residents in Australia to transition to permanent residency. This visa stream is for skilled workers working in Australia, sponsored by their employer, for two years or more. This article will discuss essential matters about the Temporary Residence Transition stream visa.
Requirements for TRT Stream Application
Visa Requirement
You must be a holder of either:
- A subclass 482 (TSS) visa granted for an occupation on the Medium to Long-term Strategic Skills list
- A subclass 482 (TSS) visa granted for an occupation on the short-term skilled occupation list or the Regional Occupation List, and you must have been in Australia for at least one year between 1 February 2020 and 14 December 2021 and meet all other nomination and visa requirements
In May 2023, the Department announced that by the end of 2023 the TRT stream of the 186 visa will be available for all Temporary Skill Shortage (TSS) visa holders whose employers agree to sponsor them.
When you apply for these visas in Australia after the expiration of your current visa, you are likely to be granted a bridging visa. If your current visa expires before they decide your application, the bridging visa will be activated. You can stay in Australia lawfully on the bridging visa while they process your new visa application.
Age Requirement
To be eligible, you must be under the age of 45 years. This requirement ensures that Australia benefits from the skills and experience of skilled workers who still have many years to contribute to the Australian economy.
Employment Requirements
- You must have worked in Australia for at least three years while holding a Temporary Skill Shortage (TSS) or subclass 458 visa.
- The employment must be in the same occupation as your TSS visa, and you must have worked for the same employer who sponsored your TSS visa.
- The employer must also have a valid and active Standard Business Sponsorship (SBS) agreement.
- You must have been nominated by an Australian employer whose nomination was approved in the six months before you apply.
English Language Requirements
Another requirement for the application is that you must have at least Competent English. You must demonstrate your English language proficiency by providing evidence of your English language ability by submitting the results of an approved English language test and achieving the required score for a particular test. You may obtain one of the following English tests:
- International English Language Testing System (IELTS)
- Test of English as a Foreign Language Internet-based Test (TOEFL-IBT)
- Pearson Test of English Academic (PTE)
- Occupational English Test (OET)
- Cambridge C1 Advanced Test
What Are the Benefits?
The TRT stream offers several benefits, including:
- Pathway to permanent residency: The TRT stream provides a pathway to permanent residency, meaning you can live and work in Australia permanently.
- No points test: Unlike other skilled migration streams, this stream does not require you to pass a points test.
- Faster processing time: The stream has a faster processing time than other skilled migration streams, which means you can obtain permanent residency in a shorter period.
The TRT stream is an excellent opportunity for skilled workers and international students to obtain permanent residency in Australia. With a faster processing time and fewer requirements, it offers a streamlined pathway to residency for those who have already established themselves in the Australian workforce. If you meet the eligibility criteria, consider applying for the TRT stream to achieve your dream of becoming a permanent resident of Australia.
The Application Process
To guide you with your application, given below is a list of the steps involved in the process. You can understand it as a two-step process as it involves nomination from your employer and you making an application to DHA as well.
Employer Nomination:
- Your employer needs to nominate you for the subclass 186 visa under the TRT stream.
- The employer must be an approved sponsor and demonstrate that the position is genuine and necessary for their business.
- If required they must provide various documents and information, including the Labor Market Testing (LMT) evidence.
Application by Employee:
- Once your employer’s nomination is approved, you can proceed with the visa application.
- You need to submit the application online through the Department of Home Affairs website.
- Prepare the required documents, such as identification documents, employment history, qualification certificates, English language test results, health examination reports, and character documents.
- Pay the relevant visa application fees.
The Documents Required
Evidence of Employment
The Temporary Residence Transition stream is for applicants who have worked in Australia for at least three years while holding a TSS visa. Therefore, you will need to provide evidence of your employment history. This includes:
- Employment contracts or letters of offer, and annual market salary rate
- Payslips or payment summaries
- Tax returns
- Superannuation statements
- Any other relevant overseas authority documents that support your employment history
You will also need to provide a letter from your employer confirming that they are willing to sponsor you for permanent residency.
Health and Character Requirements
All applicants for permanent residency in Australia must meet the health and character requirements. These requirements help monitor the expenditure on services like social security benefits, allowances, and pensions and ensure that Australian citizens and permanent residents have access to health and community services while also protecting the Australian community from risks to public health and safety, particularly active tuberculosis.
The Processing Time
The processing time for the TRT stream of the Employer Nomination Scheme (ENS) visa can vary from case to case. According to the Department of Home Affairs, the current processing time is around six months for 25% of applicants, and 14 months for 90% of the applicants. However, this is only an estimate, and the actual processing time can be shorter or longer depending on various factors.
Factors that can Affect Processing Time
The processing time mentioned earlier is only an estimate and can be affected by the following:
- The complexity of your case
- The number of applications at the time can also impact processing time
- The accuracy and completeness of your application
TRT Stream Application Assistance
Visa lawyers can assist you with your TRT stream visa application process in Australia. Our team of expert visa lawyers at JB Solicitors can provide market-leading advice and guidance on the eligibility criteria and documentation process.
Seeking legal assistance can increase the likelihood of a successful visa application and ensure a smooth transition from temporary residence to permanent residency in Australia. Start your application today.
Feel free to contact us anytime if you need assistance with your temporary or permanent visa.
