482 Visa Changes 2023 – New Employer Sponsored Pathways from 25 November 2023

Earlier this month, we wrote in our blog that 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 for TSS visa holders.

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

Expending access to the Temporary Residence Transition stream

The followings changes were announced to the public:

• Allow subclass 482 TSS visa holders to apply for the subclass 186 (ENS) visa under the Temporary Residence Transition (TRT) stream, even if their nominated occupation is on the Short-Term Skilled Occupation List
• Reduce the eligibility “wait period” for the 186 visa under the TRT stream from 3 years to 2 years.
• Age exemptions for regional medical practitioner applicants and high income earning applicants aged 45 years and over to allow to a two-year pathway.

All individuals will still need to meet all of the criteria for grant of the 186 visa (age, health, character, English language, etc.).

The implementation date for the ENS reforms is 25 November 2023, when short-term Temporary Skill Shortage (TSS) 482 Visa holders will gain access to permanent residency under the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa program.

The 482 visa changes 2023 expand access to permanent residency for a broader spectrum of individuals holding Subclass 482 and certain Subclass 457 visas.

What are the main 482 visa changes 2023? 

The new regulations expend access to the TRT stream of the subclass 186 or 187 visas to cover all holders of subclass 482 and subclass 457, regardless of the stream in which their visa is held.

As we know, when the subclass 482 visa was implemented on 18 March 2018, the Department of Home Affairs decided that only holders of a 482 TSS visa in the medium-term stream would have access to the Temporary Transition Stream of the subclass 186 visa.

This requirement was relaxed in July 2022 due to the Covid-19 pandemic, and it was decided that certain visa holders with occupations on the short-term stream who were in Australia for at least 12 months during the period between 1 February 2020 and 14 December 2021 could apply under a limited pathway.

The key 482 visa changes 2023  made by the new migration regulations on 25 November 2023 are: 

Reduction of eligibility period

The changes reduce the required employment period with the nominating employer from 3 years to 2 years in the last 3 years immediately preceding the application for a Subclass 186 or 187 visa. Previously the requirement was three years out of four.

No longer necessary for the occupation to be on a list 

This is a major change amongst all the 482 visa changes 2023. This means that it is no longer a requirement for the TRT strea, for the occupation to be listed on the Medium and Long Term Strategic List or the Regional Occupation List.

 Age Requirement for Subclass 457/482 Worker

The 482 visa changes 2023 also modifies the exemption from the age requirement.

The requisite employment period for this exemption is reduced from 3 years to 2 years for those who are paid above the Fair Work High Income Threshold.

Regional Medical Practitioner Applicant

For regional medical practitioner applicants, the period of required employment in regional areas has been reduced from 3 years to 2 years.

Removal of COVID-Related Concessions

References to COVID-related concessions exemptions have been deemed redundant and consequently removed.

Removal of bars on onshore 482 visa application under TRT

The 482 visa changes 2023 remove parts of the previous legislation, which specified the requirement to have an occupation on the Medium and Long-term Strategic Skills List or the Regional Occupation List for the Temporary Residence Transition (TRT) stream.

It also removes the limit on the number of 482 visa applications in the short-term stream that can be made in Australia. So there is no longer any reason for preventing the making of multiple applications for the subclass 482 visa in short-term stream in Australia.

It’s important to note that the legislation remains unchanged for the Direct Entry Stream.

Sponsor a worker under a labour agreement

The changes extend the permission to allow all employers (not just the standard business sponsors) including parties to a work agreement to make an application under the TRT stream.

When are the 482 visa changes 2023 coming into effect? 

These changes apply to applications for 186 ENS nominations made on or after 18 March 2018, but not yet finally determined, as well as applications made on or after the commencement of the updated legislation, 25 November 2023.

Read our article 186 VISA FEES to learn more about the cost associated with a permanent residency application.

How can our team help?

Do you need the 482 visa changes 2023 explained in more detail?

VISA LOUNGE AUSTRALIA can answer your questions about Australia’s immigration system. You can contact us via our online CONTACT US FORM. 

As experts in Australian immigration, VISA LOUNGE AUSTRALIA can help you navigate the application process effectively and tailor a strategy suitable for your personal or business circumstances.

The new 482 visa changes 2023 November, particularly the reduction in the employment periods, will likely result in an influx of applications and an increase in processing times across the employer sponsored visas.

It is recommended that you seek professional advice to establish eligibility under this new pathway to permanent residency and ensure a successful application.

CONTACT VISA LOUNGE AUSTRALIA TODAY FOR PROFESSIONAL ADVICE AND VISA APPLICATIONS!