482 Visa Holders expanded options to Permanent Residency

The Department of Immigration has introduced significant changes to enhance pathways to permanent residency (PR) for skilled workers holding the Subclasses 482 and 457 (TSS) visas. This pivotal amendment focuses on broadening the scope of the Employer Nomination Scheme Visa (ENS Subclass 186). These changes apply to the Temporary Residence Transition (TRT) stream under Subclasses 186 or regional RSMS 187 visas.

The key changes are:

1. Expanded Access to Short Term Occupations: All TSS and the old 457 visa holders are now eligible for the TRT streams of the Subclass 186 or 187 visas, irrespective of their current visa stream. Unless age exemption applies, applicants must still be under 45 years of age for the ENS Visa. This opens up the options for current visa holders or new applicants on the Short-Term Skilled Occupation (STSOL) list, Regional Occupation List (ROL) as well as those who have the existing PR path under the Medium to Long Term Skill Shortage List (MTSSL).

2. Reduced Eligibility Period to 2 years: The required duration for nomination approval in the TRT stream has been shortened from 3 years within a 4-year period to 2 years within a 3-year period.

3. Occupation List Requirement Removed: The amendment eliminates the necessity for the nominated occupation to be listed on the MLTSSL or the ROL. This change ensures that applicants are not adversely affected if their occupation is removed from these lists.

4. Extended Employer Eligibility: The amendment allows all employers, including those part of a work agreement who have sponsored a worker under a labour agreement, to nominate individuals under the TRT stream.

5. No Limit on Subclass 482 Visa Applications: The cap on the number of TSS visa applications in the Short-term stream that can be made within Australia has been removed.

These changes come into effect from last Saturday, 25 November 2023, marking a significant step towards more accessible permanent residency options for skilled workers in Australia.

In other changes as part of the Migration System overhaul, the Department have announced:

The removal of all covid concessions: As part of the Australian Government’s response to covid there were many covid concessions introduced to assist visa holders in Australia. The initial concession period commenced on Feb 1, 2020. These concessions cease on Nov 25, 2023. Further information on the concessions are available at Dept of Home Affairs.

a. Working Holiday Visas (WHV): This flexibility extends until 31 December 2023. From 1 January 2024, WHVs desiring to continue with the same employer beyond six months must seek approval from the Department. This adjustment means WHMs can now work with any employer for up to six additional months from 1 July 2023, without the previous work affecting the 6-month limit.

b. Offshore Graduate (485) Visa holders: Starting 25 November 2023, all applications for any category of the Temporary Graduate (subclass 485) visa are required to be submitted within Australia. As part of the covid concessions, applicants who got stuck offshore were given flexible arrangements. Applications for subsequent entrants can still be filed either from within or outside Australia.

If you require any further specific information, please contact our team of experienced MARA Registered Migration Agents.