AN EQUAL OPPORTUNITY FOR ALL TEMPORARY SKILLED WORKERS

On 25 November 2023, changes on Australia’s migration system in providing a pathway to permanent residence for temporary skilled visa holders came into effect with the following visas:

• Temporary Skill Shortage Visa (Subclass 482)

• Temporary Residence Transition Streams

I. Temporary Skilled Shortage (Subclass 482) Visa

This visa enables employers to address labour shortages by bringing in skilled workers where the positions cannot be filled from the local labour market.

TSS Visa has no age requirement.

TSS (SC 482) visa holders can:

• Stay for up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies and for Hong Kong passport holders may stay up to 5 years.

• There is no limit in travelling back-and-forth in Australia within the visa validity.

• Apply for permanent residence, if eligible.

Eligibility:

• be nominated to work in an occupation on the list of eligible short-term skilled occupations

• have at least 2 years relevant work experience in your nominated occupation or a related field

• have a relevant skills assessment if this is required for your occupation

• work only for your sponsor or associated entity, unless you are exempt

• meet minimum standards of English language proficiency unless you are exempt from needing to show this.

New Legislative Changes: Limit on the number of Short-term Stream TSS application visa holders has been removed.

II. Temporary Residence Transition Streams

A.    Employer Nomination Scheme Visa (Subclass 186)

This visa lets skilled worker, who are nominated by their employer, live and work in Australia permanently. This visa includes three streams: (1) Direct Entry Steam, (2) Labour Agreement Stream, and (3) Temporary Residence Transition Stream

Basic Eligibility:

• You must have the necessary skills for the job

• You must be nominated by an Australian employer

• You must meet the health and character requirements

Streams:	Direct Entry	Labour Agreement	Temporary Residence Transition
About the visa:	This visa lets skilled workers, who are nominated by an employer, live and work in Australia permanently.	This visa lets skilled workers who are nominated by their employer live and work in Australia permanently. The Labour Agreement stream might be for you if you currently work, or will work, for an employer who is party to a labour agreement.	This visa lets skilled workers, who are nominated by their employer, live and work in Australia permanently.
Eligibility:	You must be nominated by an Australian employer Your occupation must be on the relevant list of eligible skilled occupations You must have at least Competent English	The employer must have a labour agreement	​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​You must hold a 457, TSS or related bridging visa A, B or C Usually, you must have worked for your employer full-time for at least two years You must be nominated by your employer
Stay:	Permanent	Permanent	Permanent

B. Regional Sponsored Migration Scheme Visa (Subclass 187)

This visa allows skilled workers, who are nominated by their employer in regional Australia, live and work in Australia permanently. This visa includes two streams: (1) Direct Entry stream and (2) Temporary Residence Transition stream.

Basic Eligibility:

• Be nominated by an approved Australian employer for a job in regional Australia

• Be under 45 years of age

• Meet the skills, qualifications and English language requirements

Stream	Direct Entry	Temporary Residence Transition
About this visa:	With this visa: you can live, work and study in Australia indefinitely; you can sponsor eligible family members to come to Australia; and if eligible, you can become an Australian Citizen	With this visa: you can live, work and study in Australia indefinitely; you can sponsor eligible family members to come to Australia; and apply for Australian citizenship, if eligible
Eligibility:	Have an occupation on the relevant list of eligible skilled occupations Have an Australian employer nominating you to work in a position in regional Australia Depending on your occupation, demonstrate you have at least 3 years of relevant work experience Depending on your occupation, have a skills assessment Agree to remain employed with your nominating employer in regional Australia for a minimum of 2 years	You must be a transitional subclass 457 or subclass 482 worker, see definition under eligibility “Have this visa” You must hold a substantive visa or a Bridging visa A, B or C in association with a pending 482, 186 or 187 visa You must, usually, have worked for your employer in regional Australia for at least 2 years full time while holding a subclass 457 or TSS visa You have been nominated by an Australian employer whose nomination was approved in the 6 months prior to you applying
Stay:	Permanent	Permanent

New Legislative Changes:

• Employers can nominate holders of all TSS visa streams, including Short-term and Labour agreement streams. The nominated person will need to have their TSS (or subclass 457) visa(s) for 2 out of the 3 years before nomination.

• The RSMS visa will continue to be restricted to transitional 457 workers and transitional 482 workers

• Occupations will no longer need to be specified in a skilled occupation list.

• The nominated occupation will need to be listed in the ANZSCO and the nomination 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) is reduced to 2 out of the 3 years before nomination.

ENS (SC 186) visa application lodging process:

• On 19 January 2024, in relation to the new legislative changes on required working period, decision makers stated that you can lodge application a few days prior to TSS ends to meet PR requirement instead of lodging an interim visa application to maintain the lawful status of TSS visa holders.

These newly implemented reforms in Australia's migration system provide more favourable circumstances to all skilled workers in pursuing their permanent residency. Moreover, these measures open doors to a larger number of aspiring migrant workers whose dream is to build a good career and to have a better future with your family in Australia. Applying for a visa has numerous factors to consider such as gathering requirements and assessing which visa works best for you. Consulting with the experts is significant in aiming visa approval and it makes the process easier having a best team alongside with you.

XMBS is one of the leading consultants in Australia having more than 10,000+ successful visa applications. Our team is ready to guide and help you throughout the whole process of your application to receive your desired outcome. Just book a consult, and let our team works for you.

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For more information, contact our team and book a consultation via xmbs@xmmigration.com.au

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