ENS 186 TRT scheme question

[Oz2019]

Please do not comment with opinions on the pros and cons of the TSS 482 Visa. What changes might occur in 3 years etc, etc. Thanks in advance 

Is there an immigration consultant on here that could answer a question related to the TSS 482, ENS 186, TRT scheme?

My question is - If after 3 years, you would like to transition to PR through the ENS 186 TRT scheme, your original Visa was granted with an occupation on the MLTSSL and then (hypothetically) the occupation is removed from both lists, could you still transition to PR through the ENS 186 under current rules?

I have read regulation 5.19 onwards but obviously not being an MA I'm a bit lost.

[Raul Senise]

2 hours ago, Oz2019 said:

My question is - If after 3 years, you would like to transition to PR through the ENS 186 TRT scheme, your original Visa was granted with an occupation on the MLTSSL and then (hypothetically) the occupation is removed from both lists, could you still transition to PR through the ENS 186 under current rules?

Based on the current Regulations and Policy, No (unless you had applied for a subclass 457 visa before 18 April 2017).

You would not meet 5.19(5) with further Policy specifically stating that the occupation must remain on the list at the time of applying for PR.

[Oz2019]

11 hours ago, Raul Senise said:

Based on the current Regulations and Policy, No (unless you had applied for a subclass 457 visa before 18 April 2017).

You would not meet 5.19(5) with further Policy specifically stating that the occupation must remain on the list at the time of applying for PR.

Thank you very much for coming back to me, Raul I really appreciate it.

I read a little further where it said:

 (ii)  it is reasonable to disregard any such information;

                     (e)  during the period of 4 years immediately before the application is made, the identified person held one or more of the following for a total period of at least 3 years:

                             (ii)  a Subclass 482 (Temporary Skill Shortage) visa in the Medium-term stream;

                      (f)  unless paragraph (g) applies--during the period of 4 years immediately before the application is made, the identified person was employed in the position in relation to which the visa, or visas, mentioned in paragraph (e) were granted:

                              (i)  for a total period of at least 3 years (not including any periods of unpaid leave); and

                             (ii)  on a full-time basis, with the employment being undertaken in Australia;

                     (g)  if the visa, or visas, mentioned in paragraph (e) were granted in relation to an occupation specified in an instrument made under subregulation 2.72(13)--during the period of 4 years immediately before the application is made, the identified person was employed in the occupation for a total period of at least 3 years (not including any periods of unpaid leave);

This is where I got confused as it reads like it doesn't apply if you have had the visa for 3 years or have I read it incorrectly?

Thanks again!

[Raul Senise]

The sections of the Regulation which you have quoted above are not the issue, as they are referring to the visa held and the length of employment required.

There is further Regulation in regards to the occupation and how it must be in the relevant instrument which is in force at the time the application is made. This is further backed up by specific Policy.

[Oz2019]

11 minutes ago, Raul Senise said:

The sections of the Regulation which you have quoted above are not the issue, as they are referring to the visa held and the length of employment required.

There is further Regulation in regards to the occupation and how it must be in the relevant instrument which is in force at the time the application is made. This is further backed up by specific Policy.

Thanks Raul! Much appreciated and thank you for taking the time to reply.

Have a great day.