Background
During the Jobs and Skills Summit held in September 2022, the Government announced that, by the end of 2023, temporary skilled sponsored workers would have a pathway to permanent residence.
The Subclass 186 visa allows employers to nominate skilled workers for permanent residence to fill genuine vacancies in their business.
Objective
To expand pathways to permanent residence for temporary skilled workers.
Official Changes Commencing 25.11.23
- expand access to the TRT streams of the Subclass 186 or 187 visas for all holders of SC 482 and SC 457 visas, regardless of the stream in which their visa is held
- reduce the length of the eligibility period that is required for approval of a nomination in the TRT stream eligibility period, from 3 years in 4 years, to 2 years in 3 years
- remove the requirement for the occupation identified in the nomination to be on the MLTSSL or the ROL, ensuring that applicants under the TRT stream are not disadvantaged if their occupation is removed from the relevant occupation list
- extends the permission to allow all employers including parties to a work agreement who sponsored a worker under a labour agreement, to make a nomination under the TRT streamÂ
- removes the limit on the number of Subclass 482 visa applications in the Short-term stream that can be made in Australia.
To apply under the TRT stream, a Subclass 482 or Subclass 457 visa holder’s most recent sponsoring employer must first lodge a nomination, identifying a position within their Australian business.
A nomination application in the TRT stream must meet a range of requirements, including that the visa holder has been employed for the specified period and did so as the holder of a Subclass 457 or 482 visa.
The employer must also demonstrate commitment to continue employing the person in the relevant position, on a full-time basis, for at least two years.
If the employer’s nomination is approved, the Subclass 186 or Subclass 187 visa can be granted, provided that the visa applicant satisfies the applicable criteria for the grant of the relevant visa.
Conclusion
The Australian government is making important changes to the migration system and these amendments are a first step to providing more equitable access to permanent residence for temporary skilled workers pending further reforms arising from the review of Australia’s migration program.
Next Steps
As the festive period approaches, it’s important to note that processing times by the Department of Home Affairs may be impacted. To avoid delays, Visaroos recommends lodging visa applications as soon as possible.
If you are in Australia and would like to know the possibilities for permanent residency in your state, please contact via: enquire@visaroos.com
Dario Ishiyama – Principal Registered Migration Agent, Visaroos
MARN: 180046