The Australian Government intends to modify the Temporary Skill Shortage (TSS) (subclass 482) visa and Temporary Residence Transition (TRT) stream within the Employer Nomination Scheme (ENS) (subclass 186) visas. These adjustments aim to create a more straightforward and transparent route to permanent residency for TSS visa holders. The envisioned changes are designed to offer increased assurance to both employers and individuals holding 482TSS visas, fostering an environment that attracts and retains the skilled workforce essential for Australia's needs.
The following changes aim to be implemented from 25 November 2023* (subject to the regulation approval).
Changes to TSS (subclass 482) 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 visa holders whose visas expire before the date must leave Australia to lodge a third short-term-stream TSS application.
Changes to nomination requirements for the TRT stream of the ENS (subclass 186) & RSMS (subclass 187)
Eligible visa requirements for ENS nominations
allowing employers to nominate holders of all streams of TSS visas (including Short-term and Labour Agreement streams) for ENS visa
the nominated person will need to have held their TSS (or subclass 457) visa(s) for 2 out of 3 years before ENS nomination.
Nominated occupation requirements
removing the requirement for nominated occupations in the TRT stream to undergo assessment against a skilled migration occupation list. Instead, the nominated occupation must be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO), with the nominated worker continuing to work in the designated occupation for their TSS visa(s).
Work experience requirements
The period in which TSS visa holders are required to have worked in a position with their sponsoring employer will be reduced to 2 out of the 3 years before nomination (or in the occupation of medical practitioners and certain executives)
Changes to the TRT stream nomination requirements are intended to apply to new ENS and Regional Sponsored Migration Scheme nomination applications and applications that are yet to be finally determined as of 25 November 2023*.
Changes to visa requirements for the TRT stream of the ENS (subclass 186) & RSMS (subclass 187)
Age exemption requirements
updating age exemptions for regional medical practitioner applicants and high-income earning applicants aged 45 years and over to allow for a two-year pathway.
ending COVID-19-related age exemptions that will become redundant due to the two-year pathway.
The Department will be updated closer to implementation. Stay informed about these updates for a seamless visa application process.
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Should you have any inquiries related to Australian studies, visas, or migration law, please do not hesitate to reach out to us at either MEA Group or Integro Lawyers. We're here to provide expert guidance and support on your journey through the Australian education and immigration landscape. Your questions and concerns are our priority, and we're ready to assist you every step of the way.