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Exciting News for Skilled Workers: Expanding Pathway to PR (Permanent Residency) in Australia!

In a recent announcement from the Australian Government’s Home Affairs Department, significant changes are on the horizon that will impact temporary skilled sponsored workers and their potential path to permanent residency in Australia. Here’s a sneak peek at what’s coming:

The Big News: The government is simplifying and clarifying the pathway to permanent residency for Temporary Skill Shortage (TSS) visa holders. These changes aim to bring more certainty to both employers and TSS visa holders, ensuring that Australia continues to attract and retain the skilled workforce it needs.

Table of Contents

Breaking It Down:

Temporary Skill Shortage (TSS) Stream (Subclass 482)

From November 25, 2023, the Australian Government is set to implement significant changes to the Temporary Skill Shortage (TSS) visa stream (Subclass 482). These changes are designed to streamline and enhance the pathways for temporary skilled sponsored workers to obtain permanent residency in Australia. Let’s delve into the specifics of these changes:

 

  1. Removal of Cap: One of the most noteworthy changes is the removal of the cap on the number of Short-term stream TSS visa applications that visa holders can submit while in Australia. This is a game-changer for TSS visa holders who seek to extend their stay and work opportunities in Australia. Essentially, this means there will no longer be a limit on the number of Short-term stream TSS visa applications made within the country. This change comes into effect for new TSS visa applications submitted on or after November 25, 2023.

 

  1. Increased Flexibility: The removal of the cap offers TSS visa holders much-needed flexibility. Prior to this change, TSS visa holders were constrained by the cap, which could complicate their plans to stay longer in Australia. However, with this cap removed, those seeking to continue their professional journey in Australia can do so more seamlessly.

 

  1. Implications for Existing Visa Holders: It’s important to note that these changes primarily affect new TSS visa applications made after November 25, 2023. TSS visa holders with visas expiring before this date will need to take into account the new regulations when planning their next visa application. In some cases, this might necessitate travel outside Australia to lodge a third Short-term stream TSS application.

 

These changes represent a significant step in the Australian Government’s commitment to attract and retain skilled professionals from around the world. They aim to provide more opportunities for TSS visa holders to secure permanent residency in Australia, aligning with the nation’s economic and workforce needs.

Employer Nomination Scheme (ENS) Temporary Residence Transition Stream (Subclass 186)

The Australian Government is introducing substantial changes to the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) Subclass 186 visa, aiming to offer a more straightforward pathway to permanent residency for temporary skilled workers. Here are the key details:

 

  1. Nominations Open to All TSS Streams: Employers will have the freedom to nominate workers from all streams of Temporary Skill Shortage (TSS) visas. This includes workers in the Short-term and Labour Agreement streams. Previously, nominations were restricted to certain streams, but these changes expand the possibilities for employers and employees alike.

 

  1. Removal of Occupation Assessment Requirement: One of the major changes is the elimination of the requirement for nominated occupations under the TRT stream to be assessed against a skilled migration occupation list. Instead, the nominated occupation must be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This streamlining of the occupation requirement simplifies the process for both employers and nominees.

 

  1. Shorter Time Requirement: For TSS visa holders aiming for TRT stream nomination, the period during which they must hold their TSS visa and work in their nominated position or occupation is being reduced. Previously, this was three out of the four years before nomination. The new requirement is two out of the last three years before nomination. This change offers more flexibility for TSS visa holders looking to transition to permanent residency.

 

  1. Application Timing: These changes are set to be implemented for new ENS and Regional Sponsored Migration Scheme nomination applications, as well as applications that have yet to be determined, as of November 25, 2023. This means that those who qualify under these new regulations can expect a smoother and more accessible path to permanent residency.

 

  1. Equitable Access to Permanent Residency: These modifications signify the government’s commitment to providing fairer access to permanent residency for all TSS visa holders, regardless of their specific stream. As the government continues to work on broader reforms to skilled visa programs, these changes align with the Migration Strategy and the recommendations of the 2023 Review of the Migration System.

 

As the implementation date approaches, it’s crucial to stay updated with the Department’s website for any further details and changes. These changes represent Australia’s dedication to simplifying and enhancing the process for skilled professionals to obtain permanent residency, reinforcing the country’s position as an attractive destination for talented individuals from around the world. With a clearer and more flexible pathway to permanent residency, Australia continues to welcome and retain a diverse pool of skilled workers.

LOOKING FOR VISA OPTIONS

A Pathway with Choices

These changes signal the first step in making permanent residency more accessible for all TSS visa holders. The government is actively working on broader reforms to skilled visa programs, aligning with their Migration Strategy and the findings of the Review of the Migration System.

 

Keep an eye on the Department’s website for updates as the implementation date approaches.

 

This exciting news is a testament to Australia’s commitment to welcoming skilled professionals from around the world, making the dream of permanent residency a more achievable reality. Stay tuned for more details and prepare for an easier journey to PR Down Under!

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Conclusion

In the ever-evolving landscape of immigration, Australia is taking significant strides to attract and retain skilled professionals from around the world. The recent changes to the Temporary Skill Shortage (TSS) Stream (Subclass 482) and Temporary Residence Transition (TRT) Stream of the Employer Nomination Scheme (ENS) (Subclass 186) signify a more accessible pathway to permanent residency for temporary skilled workers.

These changes are not only simplifying the process for both employers and employees but also expanding the possibilities for all TSS visa holders. The removal of the occupation assessment requirement and the reduction in the time period required to transition to permanent residency provide greater flexibility and clarity in the immigration journey.

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Immigration Lawyer's Team of Luminedge Legal
Ishraque Ahmad

Ishraque Ahmad

Solicitor at the Supreme Court of NSW and a Barrister and Solicitor of High Court of New Zealand. Expert in immigration law and compliance.