2023 Visa Updates: A Potentially Exciting Era for Skilled Workers
The Australian Government is introducing changes to the Temporary Skill Shortage (TSS) visa and the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) visa to create a simpler and clearer pathway to permanent residence. These changes are set to take effect from 25 November 2023, subject to the approval of regulation changes.
Temporary Skill Shortage (subclass 482) Stream
From 25 November 2023, the 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 aims to provide greater flexibility for visa holders, offering more opportunities for those who aspire to call Australia their permanent home.
Note that this change applies to new TSS visa applications made on or after 25 November 2023. If you currently hold a Short-term stream TSS visa with an expiry date before this change, you will need to travel outside Australia to lodge a third Short-term stream TSS application.
Employer Nomination Scheme (subclass 186) Temporary Residence Transition Stream
The changes planned for the TRT stream nomination requirements include several beneficial adjustments:
Expanded Nomination Eligibility: Employers will be able to nominate holders of all streams of TSS visas, including Short-term and Labour Agreement streams.
Occupational Flexibility: The requirement for nominated occupations in the TRT stream to be assessed against a skilled migration occupation list will be removed. The nominated occupation must be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO), and the nominated worker should continue to work in the occupation nominated for their TSS visa(s).
Streamlined Eligibility Period: The period a TSS visa holder must hold their visa and work in their nominated position or occupation to be eligible for TRT stream nomination will be reduced to two out of the three years before nomination.
These changes in 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 of 25 November 2023.
Changes to TRT Stream Visa Application Requirements
In addition to the nomination changes, there are also adjustments to TRT stream visa application requirements, including age exemptions for regional medical practitioner applicants and high-income earning applicants aged 45 years and over, allowing for a two-year pathway.
The government will also phase out COVID-19-related age exemptions that will become redundant due to the introduction of the two-year pathway.
These changes represent the government's first steps in providing more equitable access to permanent residence for all TSS visa holders. They reflect the government's commitment to evolving the skilled visa programs and follow the development of the Outline of the Government's Migration Strategy and the findings of the Review of the Migration System in 2023.
We will keep an eye on the Department's website for updates closer to the implementation date.
DISCLAIMER: Important notice for all our social media followers as well as website readers. Content shared here by Visamigo Lawyers and its affiliates is not to be considered as immigration or legal advice. It's intended for informational purposes only and should not be used as a substitute for professional guidance. This material offers general insights (accurate at the time of posting, subject to updates) and is not exhaustive. Prior to any application, it's recommended you consult an Australian Lawyer for personalised advice. Your journey matters, so ensure you're properly informed.
