The Australian government intends to enact significant modifications to its immigration system to facilitate temporary skilled workers’ transition to permanent residency (PR). Find out more about the planned extension of Australia’s Employer Sponsored Pathways to Permanent Residence for Skilled Workers.
The government intends to set up clear routes to permanent residence for all TSS 482 visa streams to draw in the qualified labour that Australia needs. It will streamline the nomination process and give companies and TSS visa holders greater assurance.
While the government continues to work on adjustments to the skilled visa programs in response to the Review of the Migration System 2023 and the formulation of the Outline of the Migration Strategy, these revisions are a first step toward giving more fair access to PR for all holders of TSS 482 visa.
These changes will impact the all-new Employer Nomination scheme subclass 186 (Transitional Pathway) visa applications filed on or after November 25, 2023. It is important to remember that even with expanded access to permanent residence for temporary skilled workers, the overall planning levels for the migration program would remain the same.
Application for a TSS visa in Australia for any short-term stream is possible. |
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Requirements for eligible visas for nominations to the ENS and RSMS |
For two of the three years before nomination, the nominee must have held their TSS (or subclass 457) visa(s).
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Requirements for the designated occupation |
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Requirements for work experience |
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Criteria for age exemption |
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Currently, DHA can consider applications where lodgement has occurred a few days before the three-year date to prevent inefficiencies resulting from the 457/TSS visa ceasing a few days short of a visa holder meeting the three-year requirement and necessitating obtaining a further TSS visa to meet this requirement. Reducing the eligibility period to two years would follow a similar course of action.
The specified occupation must match the identified person’s most recent Subclass 457 (Temporary Work (Skilled)) or Subclass 482 (Temporary Skill Shortage) visa in terms of the occupation’s 4-digit ANZSCO occupation unit group code. It is a current necessity that won’t be altered. It complements the need for the 457/TSS holder to have held the same job with the sponsoring company (or, in the case of physicians and certain executives, have worked in that occupation).
At this time, DHA has no plans to modify the requirement that the specified occupation be included in ANZSCO. It means that the temporary residence transition stream will not be available to those who hold a TSS visa regarding the labour agreement determined occupation code 070499. There will be a route accessible in the Employer Nomination Scheme Subclass 186 Visa as long as the conditions of the labour agreement are met.
Short-term Temporary Skill Shortage (TSS) subclass visa 482 holders will benefit from two impending skilled migration program modifications proposed by the Australian Department of Home Affairs. The Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa Australia program will offer an expanded pathway for employer-sponsored permanent residency, wherein the Medium and Long-Term Strategic Skills list will not be the only criteria for eligibility. In addition to meeting all other TRT ENS visa program requirements, Visa candidates must demonstrate a two-year job history with the sponsoring employer and work in the occupation they have designated.
The change will not affect current visa holders or authorised nominations submitted before this date. The Department of Home Affairs is being questioned more regarding the implications for nominations submitted but not completed by July 1, 2023. Top Migration consultant Adelaide, will go through the circumstances and provide updates as needed.
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