Expanding Pathways to PR for Temporary Skilled Sponsored Workers!

Overview 
From the date of 25th November 2023, the Australian Government will be commencing amendments to the TSS (Temporary Skill Shortage) (Subclass 482), and TRT (Temporary Residence Transition) stream of the ENS (Employer Nomination Scheme (ENS) (Subclass 186) visas to ensure a simple, clear, and a meaningful pathway to PR (Permanent Residency).

Subclass 482 – Temporary Skill Shortage
From the date of 25th November 2023, the Australian Government is planning to remove the limit on the number of short -term stream TSS visa applications that visa holders can make in Australia. This change is said to only apply to new TSS visa applications made on/after 25th November 2023. Short term-stream TSS holders with visa’s expiring before 25 November 2023 are required to travel outside Australia to lodge a third short term-stream TSS application.

Employer Nomination Scheme (subclass 186) Temporary Residence Transition Stream
Changes planned for TRT stream nomination requirements are stated below:

• Allowing all employers to nominate holders of all streams of TSS Visa’s (this requirement also includes Short-term & Labour Agreement streams).
• Diminishing the requirement for nominated occupations for the TRT stream to be assessed against a skilled migration occupation list.
  • These nominated occupations are required to be listed in the ANZSCO (Australian and New Zealand Standard Classification of Occupations.
  • Further, the nominated worker is required to work in the occupation that was nominated for their TSS Visa.
• Decreasing the period a TSS Visa Holder must hold their Visa and work in their occupation to be eligible for nomination by their employer for the TRT stream to two out of the three years before nomination.

Amendments to the TRT stream nomination requirements are intended to also apply to the new Regional Sponsored Migration Scheme & ENS (nomination) applications, including applications that are yet to be determined as of the 25th of November 2023.

Amendments outlined for TRT stream visa applications requirement include ~

• Updating age exemptions for regional medical practitioner applications & high-income earing applicants (aged 45 years, and over) to allow for a 2-year pathway.
• Diminshing COVID-19 related age exemptions, that will become redundant because of the 2-year pathway.

Conclusion
The amendments discussed above is step one towards providing equal access to PR for all TSS Visa holders, whilst the Australian Government reforms the skilled visa programs in response to the findings of the Review of the Migration System 2023 and following the development of the Outline of the Government’s Migration Strategy.