Australia Unveils Reforms: Clear Pathways to Permanent Residence for Skilled Workers

A Landmark Shift in Migration: Australia’s New Permanent Residence Vision for Skilled Workers

 

Australia is revolutionizing its migration system to pave clear pathways to Permanent Residence for temporary skilled workers

Australia is taking significant steps to reform its migration system, with a focus on creating clear pathways to Permanent Residence (PR) for temporary skilled workers. The Department of Home Affairs is actively working on changes to various visa subclasses. These subclasses include the Temporary Skill Shortage (TSS) visa and the Temporary Residence Transition stream (TRT) of the Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) visa. These changes are expected to come into effect from November 25, 2023, subject to regulatory approval. The objective is to provide a more equitable access to PR for temporary skilled workers while simplifying the nomination process.

Breaking free from the ‘permanently temporary’ status with accessible Permanent Residency routes

The current pathways to PR for temporary skilled visa holders are limited. Therefore, leading to a growing number of ‘permanently temporary’ visa holders in Australia. Moreover, to attract and retain the skilled workers, the government is committed to creating clear and accessible pathways to permanent residency. As a result, these changes aim to provide more certainty to both employers and TSS visa holders while streamlining the nomination process. Therefore, these changes are considered an initial step towards broader reforms to the skilled visa programs (as outlined in the Migration Strategy and in response to the Review of the Migration System 2023).

Who Will Benefit? Major Reforms Impacting Visa Applicants and Employers

The changes will apply to various categories of visa applicants and nomination requirements:

1. Changes to the TSS Visa:
   • All short-term stream TSS visa holders can now lodge their applications in Australia. Including, the removal of limits on the number of applications they can make in the country. However, applicants who wish to lodge a third or more short-term stream TSS visa can do so from onshore.
   • Also, Short-term stream TSS visa holders with visas expiring before the changes will need to travel outside Australia to lodge a third short-term stream TSS application.
2. Changes to Nomination Requirements for the TRT Stream of ENS and RSMS Visa Subclasses:
   • Employers will be able to nominate holders of all TSS visa streams, including Short-term and Labour Agreement streams. Likewise, the nominated person must have held their TSS (or subclass 457) visa(s) for two out of the three years before nomination.
   • The RSMS visa will remain restricted to transitional 457 workers and transitional 482 workers.
   • Nominated occupations will no longer be assessed against skilled migration occupation lists. The nominated occupation must be listed in the ANZSCO. Also, the nominated worker must continue to work in the nominated occupation.
   • The period during which TSS visa holders are required to have worked with their sponsoring employer (or in the occupation, for medical practitioners and certain executives) will be reduced to two out of the three years before nomination.
3. Changes to Visa Requirements for the TRT Stream of ENS and RSMS Visa Subclasses:
   • Age exemptions for regional medical practitioner applicants and high-income earning applicants aged 45 years and over will be modified to allow for a two-year pathway.
   • In addition, COVID-19-related age exemptions will be discontinued.

Australia’s firm commitment to a more accessible pathways to permanent residence, with Taylor Hampton as your guiding partner

In conclusion, Taylor Hampton can with your immigration needs. We provide expertise and guidance for both workers and employers. Similarly, with our knowledge and experience, we can help navigate these changes. For more information, contact Greg Veal, our Australian Immigration expert on 020 7427 5975.