Australia's New Pathway to Permanent Residency for Skilled Workers

Australia's migration system underwent significant changes starting from November 25, 2023 aimed at providing temporary skilled workers on subclass 482 visas, with a clearer pathway to permanent residence.

November 25, 2023

Who benefits with these reforms

Anyone on a subclass 482 visa including those currently with occupations on the short term skilled occupation list (subject to meeting all the other nomination and visa requirements for the Employer Nomination category (TRT stream) subclass 186.

Introduction

Australia's migration system is set to undergo significant changes starting from November 25, 2023. These changes are aimed at providing temporary skilled workers on subclass 482 visas, with a clearer pathway to permanent residence.

The Path to Permanent Residency

The Australian government is implementing changes to ensure that subclass 482 visa holders have a viable route to Permanent Residence regardless of whether their occupation is currently included on the Medium to Long Term occupation list or the short-term skilled occupation list. This is primarily achieved through reforms to the Employer Nomination Scheme (ENS) / subclass 186 Temporary Residence Transition (TRT) visa category becoming available to subclass 482 visa holders with occupations on the short-term skilled occupation list.

Sponsorship Overview

Under the new regulations, all subclass 482 visa holders can be sponsored by their employers for subclass 186 TRT visas. To qualify, applicants must continue working in the occupation for which they were initially nominated on their subclass 482 visas. 482 visa holders become eligible for the subclass 186 TRT visa after two years (currently 3 years) of employment with their sponsoring employer in their nominated occupation. To be eligible, applicants must meet all other nomination and visa requirements for the subclass 186 TRT visa.

Who Can Be Nominated

Employers can nominate subclass 482 visa holders across all streams for the 186 TRT visa. This includes both medium-term, short-term and Labor Agreement occupations, provided that the 457 or 482 visa holders has worked for the same employer for at least two out of the last three years in their nominated occupation.

Must occupation be included on an Occupation list for the 186 visas?

Notably, the assessment of nominated occupations for subclass 186 TRT visa applications will no longer rely on the skilled occupation list. Previously, 482 visa holders were restricted to nominated occupations listed under the MLTSSL (Medium and Long-Term Strategic Skills List) with a few exceptions. The new requirement states that the nominated occupation only needs to be listed in the ANZSCO Occupations dictionary.

Age Exemption Provisions

Regional Medical Practitioners and other 482 visa holders earning above the Fair Work High Income Threshold each year over the age of 45 will now have access to age exemption provisions after two years instead of the previous three years.

Changes for those on STSOL Occupations

From November 25, 2023, individuals with subclass 482 visas on a Short-term Skilled Occupation List (STSOL) will no longer face restrictions on submitting more than two short-term 482 visa applications while remaining in Australia.

Conclusion

For more detailed information or to discuss these changes further, please do not hesitate to contact our office at ivan@imcmigration.com or silvia@imcmigration.com