The Department of Home Affairs has revealed that employer-sponsored Permanent Residence (PR) pathways for Subclass 482 Temporary Skills Shortage (TSS) Visa Holders will change from 25 November 2023, subject to the approval of regulation changes.

Written by Sheila Woods (MARN: 0533879) of Interstaff  2 November

Which Visas Will Be Impacted? What Will Be Changing? 

Changes to the Subclass 482 TSS Visa will apply to new applications lodged on or after 25 November 2023.

Changes to the Temporary Residence Transition (TRT) Stream nomination requirements will apply to:

• New Subclass 186 Employer Nominated Scheme (ENS) and Subclass 187 Regional Sponsored Migration Scheme (RSMS) nomination applications from 25 November 2023
• Subclass 186 ENS and 187 RSMS applications that are yet to be finally determined as at 25 November 25, 2023.

To summarise the changes:

• All Subclass 482 Visa holders workers (even those on the Short Term Stream of the 482 Visa) may be able to access PR through the Subclass 186 Transition Stream after only 2 years with their employer sponsor.
• However, it is unclear whether applicants relying on an age exemption will need to wait for 3 years or if they can apply after 2 years, and whether the age exemptions will change substantively.
• PR will be available whether or not the Subclass 482 Visa holder’s occupation remains on the Skilled Occupation List, as long as the worker is continuing work in their nominated position.

The above changes will effectively return the Transition Stream of the employer-sponsored program to the position it was in before the 457 Visa program was replaced by Subclass 482 Visas in 2017/2018. This will provide much greater certainty for Subclass 482 Visa holders.

Although it is still unclear if and when Short Term Stream 482 Visa holders will have access to PR through Subclass 186 Direct Entry Visas, they will now have a transitional pathway to PR, which had not been available for several years.

Read on for further details on what is changing.

Changes to the Subclass 482 TSS Visa Program 

• Removal of limits on the number of Short-Term Stream 482 TSS Visa applications that visa holders can make in Australia.
  • Applicants can lodge a third or more Short Term Stream TSS Visa from onshore from 25 November 2023.
• Short Term Stream 482 TSS Visa holders who have visas expiring before the changes on 25 November 2023 will need to travel outside Australia to lodge a third Short Term Stream TSS application.

Changes to Nomination Requirements

• Employers will be able to nominate all Subclass 482 TSS Visa Stream holders for PR pathways.
  • This includes those on the Short stream and under a Labour Agreement.
• A worker’s nominated occupation will no longer need to be on a Skilled Migration Occupation List in order to apply for PR through the Subclass 186 or 187 Visa, however:
  • The worker’s occupation will need to be listed on the Australian and New Zealand Standard Classification (ANZSCO).
  • The nominated worker will also need to continue work in the occupation nominated for their TSS Visa(s).
• Subclass 482 TSS Visa holders will only have to work in a position with their sponsoring employer (or ‘in the occupation’ for medical practitioners and certain executives) for 2 years rather than 3 years before becoming eligible to apply for PR.

Changes to the TRT Streams | 186 ENS Visa and 187 RSMS Visa 

• Age exemptions may apply to allow a 2 year pathway to PR for regional medical practitioner applicants and high income applicants aged 45 years and over.
• COVID-19 pandemic-related age exemptions that will become redundant as a result of the 2 year pathway will be ended.

Business Migration, Strategic Thinking

It is very encouraging to see that skilled migrants will soon have greater certainty on their pathways to PR and that more employers will be able to retain global talent – especially at a time of skills shortages.

If you are an employer, this may be a good time to start considering PR for employees who previously may not have been eligible. Our team of Registered Migration Agents at Interstaff are happy to assist with any new requests for eligibility assessments for PR.

These reforms are part of the Government’s strategy to strengthen Australia’s migration program and ensure skilled migrants have clearer and faster pathways to PR.

You can read about other Government plans for skilled migration reforms that have been announced here – although the implementation date of other initiatives are yet to be announced.

Established in 1988, Interstaff has over 35 years of Australian visa and migration experience and provides strategic immigration advice to businesses and individuals Australia-wide and internationally. MARN: 0533879.