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  • Writer's pictureDessie

Changes to the employer sponsored visa programs

Changes are expected to be made by the Department of Home Affairs to the Temporary Skill Shortage subclass 482 (TSS visa) and the Temporary Residence Transition Stream (TRT) of the Employer Nomination Scheme subclass 186 (ENS visas) and Regional Sponsored Migration Scheme subclass 187 (RSMS visas). These changes are expected to start on 25 November 2023.

Current pathways to permanent residency for temporary skilled visa holder are limited and the government has acknowledged that Australia needs more skilled workers establishing themselves here permanently. These changes are to provide more certainty for employers and visa holders alike, as well as seeking to simplify the procedures.

The changes will apply to new ENS/RSMS nomination applications and those that are yet to be finally determined at the time these changes commence. Changes to the TSS visa:

  • All short-term stream TSS visa applications can be lodged in Australia

  • Limits on the number of Short-term stream TSS applications visa holders can make in Australia will be removed. Applicants who wish to lodge a third or more short term-stream TSS visa can do so from onshore.

  • Short term stream TSS holders with visas expiring before the changes will need to travel outside Australia to lodge a third short term-stream TSS application.

Changes to nomination requirements for the TRT stream of the ENS and RSMS visa subclasses:

  • Eligible visa requirements for ENS/RSMS nominations

  • Employers will be able to nominate holders of all TSS visa streams, including Short-term and Labour Agreement streams.

  • The nominated person will need to have held their TSS (or subclass 457) visa(s) for 2 out of the 3 years before nomination.

  • The RSMS visa will continue to be restricted to transitional 457 workers and transitional 482 workers.

  • Nominated occupations will no longer be assessed against skilled migration occupation lists.

  • The nominated occupation will need to be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the nominated worker will need to continue to work in the occupation nominated for their TSS visa(s).

  • The period in which TSS visa holders are required to have worked in a position with their sponsoring employer (or in the occupation for medical practitioners and certain executives) will be reduced to 2 out of the 3 years before nomination.

Changes to visa requirements for the TRT stream of the ENS and RSMS visa subclasses:

  • Changes will be made to age exemptions for regional medical practitioner applicants and high income earning applicants aged 45 years and over to allow for a two-year pathway.

  • COVID-19 related age exemptions that will become redundant as a result of the two-year pathway, will be ended.

For more information on these changes and advice tailored to your circumstances contact Assent Migration Lawyers.

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