Expanding employer-sponsored pathways to permanent residence

Expanding employer-sponsored pathways to permanent residence

On 25 November 2023 the expanded Employer-Sponsored Pathways to Permanent Residence came into effect regarding the following:

  • Temporary Skill Shortage (subclass 482) (TSS) visa
  • Temporary Residence Transition stream (TRT) of the Employer Nomination Scheme (subclass 186) (ENS) and Regional Sponsored Migration Scheme (subclass 187) (RSMS) visa subclasses.

Who will these changes apply to?

The TSS visa

Changes to the TSS Visa will apply to new applications lodged on or after 25 November 2023.

Changes to the TRT stream nomination requirements apply to all new ENS/RSMS nomination applications and applications that are not yet finally determined as of 25 November 2023.

Restrictions on the number of onshore TSS Visas for those on the Short-term stream have been removed. Individuals seeking to apply for a third or Subsequent Short-term stream TSS visa can do so from within the country.

The TRT stream of the ENS and RSMS visa subclasses

Changes to nomination requirements for the TRT stream of the ENS and RSMS Visa subclasses:

  • Employers are able to nominate holders of all TSS visa streams, including visa holders with occupations in the Short–term and Labour Agreement streams
  • 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) has been reduced to 2 out of the 3 years before nomination
  • The RSMS visa continues to be restricted to transitional 457 workers and transitional 482 workers
  • Nominated occupations are no longer assessed against Skilled Migration Occupation Lists
  • The nominated occupation needs to be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the nominated worker must continue to work in the occupation nominated for their TSS visa(s)
  • Age exemptions for regional medical practitioner applicants and high-income earning applicants aged 45 years and over have been reduced to 2 out of the 3 years before nomination
  • COVID-19 related exemptions have ended.

While these changes will increase access to permanent residency for temporary skilled workers, the migration program planning levels will not change for the 2023/24 program year.

As these changes increase access to permanent residency for temporary skilled visa holders, there is likely to be a surge of applications, which in turn will impact the Department of Home Affairs processing times.

While the Department of Home Affairs has continued to uplift staff capacity and capability, implementing new policy settings, and streamlining processes, processing times may increase.

Expanding the pathways for permanent residency for temporary skilled Visa holders is a welcome reform and is timely, as workforce shortages continue to impact most industry sectors and Australia’s economic recovery.

Need support? BDO Migration Services can help

Please contact Maria Jockel or Rebecca Thomson at BDO Migration Services if you need assistance with any aspects of the changes, which will expand employer-sponsored pathways to permanent residency.