Protecting a Restaurant Manager’s Pathway to apply for PR

AustraliaMigrate successfully secured long-term sponsorship for a Restaurant Manager despite imminent changes to the occupation list.

Background

Our client, a restaurant, sponsored a Restaurant Manager from overseas. The Subclass 482 visa was approved in August 2023 for a two-year term, with the applicant arriving in Australia in October 2023. According to the visa regulations, to transition to permanent residency via the Subclass 186 Temporary Residence Transition (TRT) stream, the applicant must hold the 482 visa and work in the nominated occupation in Australia for at least two full years.

Potential Problem

However, since the applicant was overseas at the time of visa approval, he was a couple of months short of meeting the required two-year period. Meanwhile, in early 2024, we received information that the occupation of Café and Restaurant Manager would soon be removed from the 482 Core Skilled Occupation List, jeopardising his eligibility to apply for permanent residency.

Solution

Recognising this potential risk, AustraliaMigrate advised the client to renew the nomination before the regulatory change took effect, despite the existing visa being valid until August 2025. Acting proactively, we lodged the new 482 nomination in June 2024, strategically ensuring it would remain valid for 12 months.

In December 2024, the government officially removed the occupation of Café and Restaurant Manager from the skilled occupation list. However, as the renewal nomination was lodged prior to the occupation of Café and Restaurant being removed from the Skilled Occupation List, our client’s pathway to permanent residency was preserved.

 Proactively Approach

Through this proactive approach, AustraliaMigrate successfully protected the interests of both the employer and employee, demonstrating our expertise in navigating complex policy changes, anticipating adverse impacts of likely changes to secure the best outcomes for our clients.