Breaking News! Permanent resident pathway for all TSS visa holders from the 25 November 2023.

We have been anticipating this announcement for the past 7 months or so with a particular focus on a streamlined pathway to PR for 482 visa holders after only 2 years.

We have finally received further information about these exciting changes to the immigration system, aiming to simplify the route to permanent residency for Temporary Skill Shortage (TSS)visa holders, particularly those within the Temporary Residence Transition(TRT) stream of the Employer Nomination Scheme (ENS) (subclass 186) visas. These changes, set to take effect from November 25, 2023, will apply to new Subclass 482 visa applications submitted on or after this date and new Subclass 186 and 187 nomination applications that are still pending as of November 25, 2023. In this article, we will delve into these transformations and examine their implications for both Australian employers and skilled workers.

What is actually changing from the 25^thNovember?

Under the existing system, short-term stream TSS visa holders face restrictions on the number of applications they can lodge within Australia, causing inconveniences for both employers and employees. The upcoming changes are intended to eliminate these constraints, allowing short-term stream TSS visa holders to submit all their applications in Australia. This represents a significant improvement, reducing disruptions and offering a more predictable path to permanent residency for these workers.

The current system also imposes several restrictions on TRT stream nominations. Currently, the nominated occupation must align with skilled occupation lists, and Subclass 482 visa holders are required to have worked in the nominated position with their sponsoring employer for at least three years before applying for permanent residency. With the new legislation, the nominated occupation will no longer be assessed against a skilled occupation list, and the period to apply for permanent residency through the TRT stream will be reduced from three to two years.

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Summary of the Changes For Subclass 482Visa Applications:

1. All short-term stream TSS visa applications can now be     submitted in Australia.
2. Limits on the number of short-term stream TSS applications that     visa holders can lodge in Australia will be eliminated.
3. Short-term stream TSS visa holders with visas expiring before     November 25, 2023, must travel outside Australia to lodge a third     short-term stream TSS application.

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For Subclass 186 (TRT) Nomination Applications:

1. Employers will now be able to nominate holders of all TSS visa streams, including Short-term and Labour Agreement streams, for permanent residency.
2. Visa applicants must have held their Subclass 482 (or Subclass 457) visa(s) for 2 out of the last three years before nomination.
3. Visa applicants will be required to have worked in a position with their sponsoring employer for 2 out of the last three years before nomination.
4. Nominated occupations will no longer be assessed against a skilled occupation list. However, the occupation will still need to be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

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For Subclass 186 (TRT) Visa Applications:

1. Modifying age exemptions for regional medical practitioner candidates and high-earning individuals aged 45 and above, facilitating  a streamlined two-year pathway.
2. Phasing out age exemptions related to COVID-19, which will no longer be applicable due to the implementation of the two-year pathway.

The forthcoming changes by the Australian Government to the TSS and TRT visa streams represent a significant stride towards providing a more streamlined and accessible route to permanent residency for skilled workers. These changes, commencing on November 25, 2023,are aimed at increasing certainty for employers and TSS visa holders, making Australia an even more appealing destination for skilled professionals looking to establish a long-term future in the country.

Source: Department of Home Affairs – News and media

Whether you are an employer or a visa applicant, we encourage you to reach out to Migration ways for professional and tailored guidance.

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