After years of restricted access to permanent residency, the Australian Government has expanded pathways to obtain PR for temporary skilled sponsored workers in Australia. On November 3, 2023, the Department of Home Affairs announced critical changes allowing temporary skilled sponsored workers to transition from Temporary Skill Shortage (subclass 482) more easily and Employer Nomination Scheme (subclass 186) Temporary Residence Transition stream visas to permanent residency.
Temporary Skilled Sponsored Workers in Australia
Suppose you hold a Subclass 482 visa or wish to apply for permanent residency through the Temporary Residence Transition stream of the Subclass 186 visa. In that case, you can expand your pathway to permanent residence in Australia.
Temporary Skill Shortage (subclass 482)
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 is intended to apply to new TSS visa applications made on or after 25 November 2023. Short-term-stream TSS holders with visas expiring before 25 November 2023 must travel outside Australia to lodge a third short-term-stream TSS application.
Temporary Residence Transition Stream of the Subclass 186
The Temporary Residence Transition stream of the Subclass 186 ENS visa provides a path to permanent residency for Subclass 482 visa holders who have worked for their nominating employer for several years.
As of November 2023, the requirement to have worked for 3 years will be reduced to 2 year for Subclass 482 visa holders.
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 must 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 yet to be finally determined as of 25 November 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.
- It is ending COVID-19-related age exemptions that will become redundant due to the two-year pathway.
Subclass 482 Visa: A Pathway to PR
Suppose you have a Temporary Skill Shortage (TSS) subclass 482 visa. You may be eligible to apply for permanent residency through the Employer Nomination Scheme (ENS) subclass 186 Temporary Residence Transition (TRT) stream.
To qualify for this pathway, you must:
- Have worked full-time for your nominating employer for at least 3 years while holding your TSS 482 visa. Your employer must be willing to nominate you for permanent residency.
- You are currently working in an occupation on the Medium and Long-term Strategic Skills List (MLTSSL). Your occupation must have remained on the MLTSSL for the entire duration of your TSS 482 visa.
- Meet the age, English language, skills, qualification, and health requirements for the ENS subclass 186 visa.
- Be under 45 years of age. Certain exemptions may apply for applicants over 45.
- Have at least vocational English or a level of English language ability that allows you to perform your current occupation.
- Have a suitable skills assessment for your nominated occupation. The skills assessment must be valid when you apply for permanent residency.
- Meet health and character requirements by undergoing health examinations and obtaining a police certificate.
The ENS subclass 186 TRT stream provides a straightforward pathway to permanent residency for TSS 482 visa holders who have demonstrated their value to their employer and the Australian economy over several years.
The nomination and visa application process is simplified compared to other permanent residency visas, with additional concessions provided for long-term temporary residents.
If you meet all requirements, obtaining permanent residency through the ENS subclass 186 TRT stream will provide you and your family with more certainty and stability in Australia and access to additional benefits like government services and unrestricted work and study rights.
Subclass 186 Visa: Direct Stream to Permanent Residency
To be eligible for the Subclass 186 Direct Entry stream, you must:
- Have been employed full-time for at least 3 years in the nominated occupation.
- Hold a current Subclass 482 Temporary Skill Shortage visa and have been employed with your nominating employer for at least 2 years.
- Meet the skill requirements of your nominated occupation.
- Be younger than 45 years of age.
- Meet English language requirements.
- Meet health and character requirements.
Nomination and Application Process
To apply for a Subclass 186 visa through the Direct Entry stream, follow these steps:
Find an employer willing to nominate you for permanent residency. The employer must show that your position cannot be filled by an Australian citizen or permanent resident.
Your employer submits a nomination application on your behalf. If approved, you will receive a Nomination Approval Letter.
You submit a visa application including the Nomination Approval Letter. You must provide evidence to support your claims of work experience, skills, age, English ability, health, and character.
The Department of Home Affairs assesses your application. If approved, you will be granted a permanent Subclass 186 Skilled – Nominated visa.
FAQs on PR for Temporary Skilled Sponsored Workers
The Temporary Skill Shortage (TSS) visa (Subclass 482) allows skilled workers to work for an approved sponsor in Australia for up to 2 or 4 years.
The business (employer) must be an approved sponsor to nominate someone for a TSS visa. The TSS visa provides opportunities for temporary skilled workers to fill labor shortages in Australia.
The Employer Nomination Scheme (ENS) Temporary Residence Transition stream (Subclass 186) allows temporary residents, including eligible subclass 482 visa holders, to apply for permanent residence if nominated by an approved sponsor.
Applicants must have worked full-time for their nominating employer for at least 2 years while holding a temporary residence visa.
The ENS aims to fill long-term skill shortages in the Australian labor market. Transitioning temporary residents to permanent residency provides greater job security and stability for businesses utilizing foreign skills and talent.
To be eligible for permanent residence under the ENS Temporary Residence Transition stream, applicants must:
- Be nominated by an approved business sponsor.
- Have worked full-time for that sponsor for at least 2 years immediately before applying while holding a temporary work visa
- Meet the skill and relevant work experience requirements for the occupation.
- Meet health and character requirements.
- Be under 45 years of age (some exemptions apply)
- Meet English language requirements.
- Not have held a substantive permanent residence visa or a student visa in the Skilled Independent category.
- Ensure you meet all the requirements listed above.
- Obtain nomination from your employer sponsor. The sponsor must lodge a nomination application on your behalf.
- Lodge a visa application for the ENS Temporary Residence Transition stream (subclass 186) and submit relevant supporting documents. The application can be lodged online or on paper.
- Attend a medical examination (if required) and provide police clearance certificates.
- The application will be assessed, and permanent residence will be granted if approved.
Conclusion
As the Australian government continues to expand PR pathways for skilled workers, you have more options than ever to transition from temporary to permanent residency.
The TSS and ENS visa program updates provide new opportunities that only existed previously. With strategic visa planning and guidance from a registered migration agent, you can map out the most efficient route to gain PR based on your situation.
There is no one-size-fits-all approach, so analyze the requirements carefully and be proactive in demonstrating how you meet the visa criteria.
While the process still takes time and effort, the expanding PR pathways reward those who plan and work diligently towards their migration goals.
