Immigration Series: Australia expanding pathways to PR for temporary skilled sponsored workers

Effective November 25, 2023, 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 (ENS) (subclass 186) visas to provide a simpler and clearer pathway to permanent residence (PR) for TSS visa holders, according to an official statement.

The changes will provide employers and holders of TSS visas with more certainty and ensure Australia attracts and retains the skilled workers it needs.

These changes are the first step in providing more equitable access to PR for all TSS visa holders whilst the government continues work on reforms to the skilled visa programs following the development of the Outline of the Government’s Migration Strategy and in response to the findings of the Review of the Migration System 2023, the statement added.

Temporary Skill Shortage (subclass 482)

From November 25, 2023, the Australian government plans to remove the limit on the number of Short-term stream TSS visa applications that visa holders can make in Australia.This change is intended to apply to new TSS visa applications made on or after November 25, 2023. Short term-stream TSS holders with visas expiring before November 25, 2023, will need to travel outside Australia to lodge a third short term-stream TSS application.

Employer Nomination Scheme (subclass 186) Temporary Residence Transition Stream

Changes planned for TRT stream nomination requirements include:

• allowing employers to nominate holders of all streams of TSS visas (including Short-term and Labour Agreement streams)
• removing the requirement for nominated occupations for the TRT stream to be assessed against a skilled migration occupation list. The nominated occupation will need to be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the nominated worker will need to continue to work in the occupation nominated for their TSS visa(s)
• reducing the period of time a TSS visa holder must hold their visa and work in their nominated position or occupation to be eligible to be nominated by their employer for the TRT stream to two out of the three years before nomination.

Changes to the TRT stream nomination requirements are intended to apply to new ENS and Regional Sponsored Migration Scheme nomination applications and applications that are yet to be finally determined as on November 25, 2023.

Changes planned for TRT stream visa application requirements include:

• updating age exemptions for regional medical practitioner applicants and high income earning applicants aged 45 years and over to allow for a two-year pathway
• ending Covid-19 related age exemptions that will become redundant as a result of the two-year pathway

Pathways to Australian PR & Citizenship

You can become a permanent resident of Australia by applying for and being granted a permanent visa that allows you to remain in Australia indefinitely. The most common permanent visas include some skilled work and family visas.

There are several categories under Australian Work visa including:

• Skilled Work Regional (Provisional) visa: A visa for skilled people nominated by a state or territory government to live and work in regional Australia
• Skilled Employer Sponsored Regional (Provisional) visa: This visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers can't source an appropriately skilled Australian worker
• Temporary Work (International Relations) visa: A temporary visa to work in specific circumstances that improve Australia’s international relations. Skilled regional visa: This visa is for people who have lived and worked in specified areas of regional Australia on a previous, eligible visa
• Skilled Nominated visa: This visa lets nominated skilled workers live and work in Australia as permanent residents
• Employer Nomination Scheme visa: This visa lets skilled workers, who are nominated by their employer, live and work in Australia permanently
• Regional Sponsored Migration Scheme visa: This visa allows skilled workers, who are nominated by their employer in regional Australia, live and work in Australia permanently
• Temporary Skill Shortage visa: This temporary visa lets an employer sponsor a suitably skilled worker to fill a position they can’t find a suitably skilled Australian to fill
• Temporary Work (Short Stay Specialist) visa: The Highly Specialised Work stream of this temporary visa lets you do short-term, highly specialised work in Australia. It is suitable if you have specialised skills, knowledge or experience not generally available in Australia
• Skilled-Recognised Graduate visa: This visa allows recent engineering graduates to live, work or study in Australia for up to 18 months. You must have completed a degree or higher qualification from a specified institution within the past 2 years, and be under 31 years of age

Travel as PR: As an Australian permanent resident, your right to re-enter Australia after travelling overseas will depend on whether the travel facility on your permanent visa is valid. You do not have automatic right of entry to Australia.

Citizenship eligibility: To be eligible for Australian citizenship by conferral, you must have:

• been living in Australia on a valid visa for 4 years immediately before the day you apply
• held a permanent visa or a Special Category (subclass 444) visa (SCV) for the last 12 months immediately before the day you apply, and
• not been absent from Australia for more than 12 months in the past 4 years, and no more than 90 days in the 12 months immediately before applying.

If you are an SCV holder, you will continue to be considered a permanent resident for citizenship purposes while outside Australia, provided you held an SCV immediately before your departure.