Expanded Pathway to Permanent Residency for All 482 Visa Holders from 25 November 2023

On 3 November 2023, the Australian Government made a significant announcement, unveiling expanded pathways to permanent residence for temporary skilled sponsored workers. These changes, set to take effect from 25 November 2023, mark a special moment for all 482 visa holders.

The changes, applying to visa subclasses such as Temporary Skill Shortage (TSS) and Employer Nomination Scheme (ENS) Temporary Residence Transition (TRT) stream, remove several limitations and open new opportunities for individuals seeking PR opportunities.

What are the changes?

In the existing employer sponsored migration program, short-term stream TSS visa holders are subject to limitations on the number of TSS visa applications they can submit within Australia, causing inconveniences for both employers and employees. Changes set to be implemented on 25 November 2023 will remove this procedural limitation. Short-term stream TSS visa holders will soon have the flexibility to submit all their applications within Australia. This overhaul promises to minimise disruption, paving the way for a more seamless and predictable journey to permanent residence for these workers.

Additionally, the existing pathways to PR for TSS visa holders are often limited, leading to a growing number of what the Australian Government terms as ‘permanently temporary’ visa holders in Australia.

Recognising the need to attract skilled workers vital to Australia’s growth, the government is taking proactive steps to establish clear pathways to PR for all TSS visa streams. This will not only offer increased certainty to both employers and TSS visa holders but also simplify the nomination process, allowing for a more straightforward approach to skilled migration.

Changes to the TSS visa: Removal of the limitation on TSS short-term stream renewals in Australia

All short-term stream TSS visa applications can be lodged in Australia from 25 November 2023. The limits on the number of short-term TSS applications that visa holders can make in Australia will effectively be removed. This means that applicants who wish to lodge a third or more short-term stream TSS visa can do so from Australia.

Please be aware that if you are a short-term TSS visa holder expiring before the changes, you will need to travel outside Australia to lodge a third short-term TSS application (unless an International Trade Obligation applies).

Changes to the nomination requirement for the TRT stream of the ENS visa: PR pathway for all TSS visa holders after 2 years

Significant reforms to the TRT stream of the ENS visa will occur on 25 November 2023, aiming to create a more accessible PR pathway for all TSS visa holders. Under these changes:

• Sponsoring employers can now nominate all TSS visa holders for permanent residency, including Short-term and Labour Agreement streams.
• Unlike before, nominated occupations will no longer be confined to the skilled occupation list. Instead, they must be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). TSS workers must continue to work in their TSS nominated occupation. ?
• The duration that TSS workers must hold their visa and work in their nominated occupation will be reduced. TSS workers must hold their TSS visa and work in the nominated occupation for 2 out of 3 years before nomination.

Changes to visa requirement for TRT stream of the ENS visa: Age exemption

Additional changes will be made to the age exemptions to align with the new 2 year pathway:

• Updating the age exemptions for regional medical practitioner candidates and high-earning individuals aged 45 and above ?
• Age exemptions for coronavirus concession workers will no longer be available.

Final Thoughts

The Australian government’s recent announcements promise expanded opportunities and a simplified journey to permanent residence for 482 visa holders who are working and contributing to the Australian economy.

These changes, set to come into effect on 25 November 2023, represent a shift towards a more inclusive and efficient employer sponsored migration system. By removing limitations on TSS short-term stream renewals and creating clearer pathways to permanent residency, Australia is not only attracting skilled professionals but also offering employers greater certainty in their recruitment process.

As we move forward into this transformative period, it’s important for employers and visa applicants to stay informed and updated. Our team of immigration experts is ready to provide professional and tailored advice, ensuring that you navigate these changes and take advantage of the promising opportunities that lie ahead.

Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.

Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.

Immigration and Visa Resources ??

• New Zealand Citizens: Direct Pathway to Australian Citizenship
• Guide to Scoring Higher Points and Increasing your Chances for Invitation to Apply for 189/190 Visa
• Partner visa (subclass 820/801 and 309/100): Frequently Asked Questions
• Aged Care Industry Labour Agreement: Sponsorship for Nursing Support Worker, Personal Care Worker and Aged or Disabled Carer
• Migration Queensland Skilled Nomination Program FY2023/24
• Skills Assessment Pilots for Migrants