News & Insights

Australia’s migration system is set to introduce significant changes to its Employer Sponsored Pathways. From 25 November 2023 (subject to the approval of regulation changes by Parliament), there will be more pathways for temporary skilled workers to obtain permanent residency.

Adhering to its Outline of the Migration Strategy, the Government is seeking to address the growing number of “permanently temporary” migrants in Australia – migrants who have been in Australia for 5 years or more on temporary work or student visas. By broadening the avenues for permanent residency, these changes come as part of the Government’s plan to provide clearer and fairer pathways to permanent residency for temporary skilled visa holders.

Changes to the Temporary Skill Shortage (subclass 482) visa

Short-term stream Temporary Skill Shortage (TSS) visa holders will no longer be limited in how many applications they can make for a visa renewal onshore. Previously, applicants were limited to a maximum of two TSS short-term visas, subject to the circumstances of their previous applications (for example, the location of their previous applications and dates spent onshore). Short-term TSS visa holders can now lodge a third or more applications onshore without restriction. Applicants should be aware of the Subsequent Temporary Application Charge – a $700 application charge for those lodging multiple temporary visas in Australia.

Importantly, these changes will only apply to new applications lodged on or after 25 November 2023.

Short-term stream TSS visa holders whose visas are expiring before 25 November 2023 will need to travel outside of Australia to lodge a third short-term stream TSS application.

Changes to nomination requirements for the Temporary Residence Transition (TRT) stream

The TRT stream of the Employer Nomination Scheme (subclass 186) (ENS) and Regional Sponsored Migration Scheme (subclass 187) (RSMS) visa subclasses will face changes to its nomination requirements. New applications and applications yet to be finally determined (as at 25 November 2023) for these schemes will be impacted by the following changes:

Eligible Visa Requirements

• Employers will be able to nominate holders of all TSS visa streams, including Short-term and Labour agreement streams. Nominated persons will need to have held their TSS (or Temporary Work (Skilled) visa (subclass 457)) for at least 2 years out of the 3-year nomination requirement.

Nominated Occupation Requirements

• Nominated occupations will no longer be assessed against skilled migration occupation lists. Rather, nominated occupations will need to be listed in the Australian and New Zealand Standard Classification of Occupations. The nominated worker will also need to continue to work in the occupation nominated for their TSS visa(s).

Work Experience Requirements

• TSS visa holders will only be required to have worked in a position with their sponsoring employer (or in the occupation for medical practitioners and certain executives) for 2 out of the 3 years before nomination, rather than for 3 out of 4 years.

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

Further changes are set to be made to age exemptions for regional medical practitioner applicants and high-income earning applicants aged 45 years and over to allow for a 2-year pathway. We will provide more detail on this once the relevant legislation is released.

We’re here to help

Macpherson Kelley’s Employment, Safety and Migration team are well positioned to assist with any permanent residency enquiries you may have. Keep monitoring our website for further detail on the upcoming changes.

Please do not hesitate to contact our office should you, or someone you know, require assistance.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.