Temporary Residence Transition stream nomination requirements

You may be able to nominate a skilled worker for this visa under this stream if you are an Australian standard business sponsor and meet all of the below:

  • the skilled worker has worked for you in Australia full-time on their subclass 457 and/or TSS visa(s) for at least:
    • three out of the previous four years (before the nomination is made)
    • two out of the previous three years (before the nomination is made), if transitional arrangements apply because they either held, or were an applicant for, a subclass 457 visa (which was subsequently granted) on 18 April 2017 in the same position that you have nominated them for.
  • the skilled worker will work directly for you unless nominated in an occupation specified in a legislative instrument (certain medical occupations).
  • the nomination identifies an occupation (for the position) that:
    • has the same four-digit occupation unit group code as the TSS or subclass 457 visa approved occupation and
    • wish to fill a position that is an occupation listed for the relevant visa program (for example, a subclass 186 or 187 visa) on the list of eligible skilled occupations.
  • you actively and lawfully operate a business in Australia.
  • you have a genuine need for a paid employee to fill a skilled position.
  • you offer a skilled position that is full-time and ongoing for at least two years, with no express exclusion included in the employment contract of this period being extended in future.
  • you meet the and have the capacity to pay the worker at least the annual market salary rate for two years.

For information about the Skilling Australians Fund (SAF) levy requirement, see Employer Sponsored Skilled visas - Skilling Australians Fund (SAF) levy.

Advice where a visa holder has worked for a different employer

Advice regarding situations where the skilled worker has worked for different entities during the three year period is explained below.

Time already worked on a TSS or subclass 457 visa can only be counted towards the three year requirement of the Temporary Residence Transition stream where it can be demonstrated that the nominated person has been working in the same role, with the same employer, and in the same location for a full three year period.

As a result, if, during the three years before nominating, the TSS or subclass 457 visa holder worked for an associated entity rather than directly for their sponsor, more steps will be required to nominate this worker under the Temporary Residence Transition stream as outlined below:

  • if the original standard business sponsor again wishes to sponsor the worker but now for permanent residence, evidence must be provided that the skilled worker has been working in the same role, with the same employer and in the same location, for the entire three years they held their subclass 457 or TSS visa.
  • if the associated entity wishes to sponsor the worker directly, they must first become an approved standard business sponsor and then also provide above evidence.

Alternatively, if you have lodged a new standard business sponsorship at any time during the three year period (for example because your business underwent a takeover or restructure), you need to provide evidence that the previous standard business sponsor and yourself (as the current standard business sponsor) might be considered the same employer of the TSS or subclass 457 visa holder.