Expanding Employer Sponsored Pathways to Permanent Residence
What is being changed?
Creating more avenues for permanent residency for temporary skilled workers is a key focus for the government in Australia. To ensure this, adjustments to the country’s migration system are being pursued. The Department of Home Affairs is actively developing alterations to various visa subclasses, including the Temporary Skill Shortage (subclass 482) (TSS) visa, the Temporary Residence Transition stream (TRT) within the Employer Nomination Scheme (subclass 186) (ENS), and the Regional Sponsored Migration Scheme (subclass 187) (RSMS). These modifications are anticipated to take effect from November 25, 2023, pending the approval of regulatory changes.
Why are these changes being made?
The changes are being implemented primarily due to the existing limitations in the current pathways to permanent residency for temporary skilled visa holders. This has resulted in an increasing population of individuals considered ‘permanently temporary’ visa holders within Australia.
In an effort to attract the necessary skilled workforce to the country, the government aims to establish clearer and more accessible pathways to permanent residency for all Temporary Skill Shortage (TSS) visa streams. The intention behind this move is to offer greater predictability for both employers and TSS visa holders, while streamlining the nomination process.
These changes represent an initial step towards ensuring fairer access to permanent residency for all TSS visa holders. Simultaneously, the government is actively engaged in further reforms to the skilled visa programs. These efforts align with the development of the Migration Strategy Outline and address the recommendations made in the Review of the Migration System in 2023.
Who will be impacted?
It’s important to note that although these changes aim to broaden access to permanent residency for temporary skilled workers, the levels of the migration program planning will remain unchanged.
These changes will impact individuals based on the timing of their applications:
Changes to the TSS Visa
They will affect new applications submitted from November 25, 2023, onwards. This implies that any applications for the Temporary Skill Shortage (TSS) visa lodged on or after this date will be subject to the updated regulations.
The restrictions on the number of Short-term stream Temporary Skill Shortage (TSS) visa applications that can be made by visa holders in Australia will be lifted. Those wanting to submit a third or subsequent Short-term stream TSS visa application can do so while onshore. Short-term stream TSS visa holders whose visas are due to expire before these changes take effect will be required to travel outside Australia to lodge a third Short-term stream TSS application.
Changes to the TRT Stream Nomination Requirements
For the Employer Nomination Scheme (ENS) and the Regional Sponsored Migration Scheme (RSMS), the adjustments to nomination requirements within the Temporary Residence Transition (TRT) stream will apply to new nomination applications and those applications that are pending a final decision as of November 25, 2023.
Eligible visa requirements for ENS/RSMS nominations
Employers will gain the ability to nominate individuals from all streams of the Temporary Skill Shortage (TSS) visa, encompassing both the Short-term and Labour Agreement streams. For a successful nomination, the individual must have held their TSS (or subclass 457) visa for a minimum of 2 out of the last 3 years preceding the nomination.
However, the Regional Sponsored Migration Scheme (RSMS) visa will remain limited to transitional 457 workers and transitional 482 workers.
Nominated occupation requirements
Occupations nominated for the visa will no longer undergo assessment against skilled migration occupation lists. Instead, the nominated occupation must align with the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Additionally, the worker must continue working in the occupation specified in their TSS visa nomination.
Work experience requirements
The duration during which TSS visa holders must have worked with their sponsoring employer (or in the designated occupation for medical practitioners and specific executives) will be shortened to 2 out of the last 3 years before nomination.
Changes to visa requirements for the TRT stream of the ENS and RSMS visa subclasses
Adjustments will be introduced regarding age exemptions for regional medical practitioner applicants and high-income earners aged 45 years and over, facilitating a two-year pathway. Furthermore, age exemptions related to COVID-19 that will become unnecessary due to the implementation of the two-year pathway will be discontinued.