UNLOCKING PATHWAYS TO AUSTRALIAN PERMANENT RESIDENCY: 482 VISA HOLDERS ARE NOW ELIGIBLE FOR 186 VISA ACROSS ALL ANZSCO-LISTED OCCUPATIONS

The Australian government has announced amendments to the Temporary Residence Transition (TRT) stream of the subclass 186 visa, which was set to take effect on November 25, 2023.

These reforms went into effect over the weekend, opening up a new path to permanent residency for talented workers with 482 visas.

These new changes to the Temporary Skill Shortage (subclass 482) TSS visa will apply to new applications lodged on or after 25 November 2023*.

Changes to the Temporary Residence Transition (TRT) stream nomination requirements will apply to newENS/RSMS nomination applications and applications that are yet to be finally determined as of 25 November 2023*.

The changes also remove the requirement that visa applicants work in an occupation on the Medium and Long Term Strategic Skills List (MLTSSL) in order to be eligible for this pathway.


WHAT HAD CHANGED FROM NOVEMBER 25, 2023?

CHANGES TO THE TEMPORARY SKILL SHORTAGE (SUBCLASS 482) TSS VISA

• Limits on the number of Short-term stream TSS applications visa holders can make in Australia 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 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

• Employers are now 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 continues 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 needs 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) has been reduced to out of the 3 years before nomination.

CHANGES TO VISA REQUIREMENTS FOR THE TRT STREAM OF THE ENS AND RSMS VISA SUBCLASSES

• Changes have been 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, are no longer available.