The legislative changes first announced on 3 November as part of the Labor government’s focus on overhauling the existing migration system were introduced into law on 25 November. The changes included the removal of many of the COVID-19 concessions previously applied to family visas, employer-sponsored visas and graduate visas.
Below is our summary of the key changes and the anticipated impacts the changes may bring:
Temporary Skills Shortage (‘TSS’) Subclass 482 visa
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- The limitation on the number of short-term TSS visas an individual can apply for within Australia has been removed.
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- Access to the Temporary Residence Transition stream of the ENS visa has been opened up to almost all holders of TSS and subclass 457 visa holders. Under the new legislation, TSS and subclass 457 visa holders with occupations on the Short-term Skilled Occupation List (STSOL), the MLTSSL or under a Labour Agreement can now apply for a subclass 186 visa, if they meet all the relevant requirements, including.
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- The applicant must have held a TSS or subclass 457 visa for at least two full years, nominated by the employer that wishes to nominate them for a subclass 186 visa
- The applicant must have maintained employment in their nominated position for at least two years out of the last three years (not including any unpaid leave taken), on a full-time basis and while located in Australia.
Age Exemptions
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- Legacy subclass 457 visa holders (defined as individuals who held a Subclass 457 visa on 18 April 2017 and who were in Australia for at least 12 months between 1 February 2020 and 14 December 2020) 45 and over continue to be exempt from the age limitation for subclass 186 visa applications, however, a deadline of 30 June 2024 has been imposed for such visa holders wishing to pursue the ENS visa pathway in the Temporary Residence Transition stream.
End of COVID-19 Concessions
Initially commencing on 1 February 2020 in direct response to the COVID-19 pandemic and the impacts thereof, many concessions are no longer available to visa holders. Some of the impacts include:
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- Employment- and income-related concessions for subclass 482 and subclass 457 visa holders affected directly by stand-down periods as a result of the pandemic have ceased
- Applicants must be in Australia at the time of lodgement of a Temporary Graduate subclass 485 or Skilled Regional subclass 887 visa application, and
- Skilled Regional subclass 887 visa applicants who rely on an employment concession period are required to lodge their application prior to 25 February 2024
The changes to the ENS program are very welcome, and are in line with the government’s promise to restore a pathway to permanent residence for temporary workers, which had been removed by the previous government. We have already seen a flurry of enquiries from TSS visa holders who are keen to progress their permanent visa applications, and expect to see a significant influx of ENS applications lodged before the end of the year.
If you or someone you know would benefit from professional guidance on these changes, please contact us directly and we will be happy to assist.
*This is general information only, as at the date of publication, and should not be interpreted as legal advice. For an accurate and current assessment of your circumstances and visa options, please contact us to receive this advice.