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Department of Home Affairs expand access to Permanent Residency for Overseas Workers

by | Nov 29, 2023 | Migration

A number of positive changes are finally here for overseas workers in Australia.

From 25 November 2023, TSS subclass 482 and 457 visa holders now have access to permanent residency via the subclass 186 Temporary Residence Transition (TRT) visa regardless of their visa occupation stream. This comes as especially welcome news for subclass 482 visa holders in the short-term stream who have remained in Australia permanently temporary or have even returned overseas given the previous limits to further stay in Australia. This brings us to the next big and positive change of allowing for repeat short-term subclass 482 visa applications in the short-term stream. In an effort to combat skill shortages and retain talent, Australia’s Department of Home Affairs have implemented legislative recognition that the skills shortage exists beyond the medium-term occupation list, an outdated system put in place before significant economic changes brought about by that old thing called coronavirus and lockdowns.

We provide you with a summary of all the important changes to employer sponsored visa eligibility and what this means:

  • SC 186 Eligibility Period – the length of time a sponsored employee is required to be employed with the sponsoring employer is now 2 years in the last 3 years in order to be eligible to lodge an application for permanent residency. Previously, an employee was required to work with their sponsoring employer for 3 years in the last 4 years.
  • Repeat SC 482 Short-Term Visa Applications – the Department have now removed the limit on the number of Subclass 482 visa applications in the short-term stream that can be made in Australia.
  • Future Occupation List Changes – the Department have now removed the requirement for identifying the occupation in the subclass 186 nomination application to be on the MLTSSL or the ROL. Not only does this allow short-term stream occupations access to permanent residency, but it applies the forethought of future occupation list changes. This will allow future applicants under the subclass 186 TRT stream not to be disadvantaged if their occupation is removed from the relevant occupation list.
  • Labour Agreement Access – allows all employers including parties to a work agreement who sponsored a worker under a labour agreement to nominate an employee under the subclass 186 TRT stream.
  • End of COVID Concession Period – there is now an end date for the concession period that was applied to a number of visas if applicable to the applicant, including employer sponsored, skilled regional, family, BIIP, safe haven enterprise and temporary graduate visas. This ended on 25 November 2023.

We specialise in Australian migration law. If you would like assistance and advice on these changes and how they impact you, your employee or otherwise, do not hesitate to contact us.

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