Broadening Pathways to PR for Temporary Skilled Sponsored Workers

To give TSS 482 visa holders a clearer and more straightforward path to permanent residence, the Australian government will be making changes to the Temporary Skill Shortage (TSS) (subclass 482) and Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme Subclass 186 visa starting on November 25, 2023 (subject to the approval of regulation changes).

The modifications will guarantee that Australia attracts and keeps the talented workers it needs and will give companies and TSS visa holders more certainty.

Temporary Skills Shortage (TSS 482 Visa)

The government intends to eliminate the cap on the number of Short-term stream TSS visa applications that holders of valid visas may submit while in Australia as of November 25, 2023.

This modification will take effect for newly submitted TSS visa applications submitted on or after November 25, 2023. Holders of short-term-stream TSS whose visas expire on or before November 25, 2023, will have to leave Australia to submit their third short-term-stream TSS application.

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Employer Nomination Scheme (subclass 186) TRT: 

The following are the changes to the nomination conditions for the Temporary Residence Transition stream:

• Enable TSS visa holders in all streams to be nominated by employers (including Short-term and Labour Agreement streams).
• Eliminate the need for the TRT stream to be evaluated against a list of skilled migration jobs for nominated occupations to be considered. The sponsored worker must continue to work in the business nominated for their TSS visa(s). The Australian and New Zealand Standard Classification of Occupations (ANZSCO) must contain the specified occupation.
• Minimise the period a TSS visa holder needs to maintain their visa and work in their designated role or profession to two of the three years before designation as qualified to receive an employer nomination for the TRT stream.

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The Reason Behind The Changes

There is a growing number of “permanently temporary” visa holders in Australia because of the recent, frequently restricted pathways to permanent residence for holders of temporary skilled visas.

The government intends to set up clear routes to permanent residence for all TSS visa streams to draw in the qualified labour that Australia needs. It will streamline the nomination process and give companies and TSS visa holders greater assurance.

While the government continues to work on adjustments to the skilled visa programs in response to the Review of the Migration System 2023 and the formulation of the Outline of the Migration Strategy, these revisions are a first step toward giving more fair access to PR for all holders of TSS visas.

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Persons Affected By These Modifications

The TSS visa will undergo modifications for new applications submitted on or after November 25, 2023.

A modification to the Temporary Residence Transition (TRT) stream nomination criteria will apply to both newly submitted ENS/RSMS nomination applications and those pending as of November 25, 2023.

The modifications will provide temporary skilled workers more access to PR, but they won’t affect the levels of program planning for migration.

You can negotiate the changing immigration landscape with the assistance of an immigration agent during these transitions. He is committed to giving you the support you need to decide on your visa options with knowledge.