In May 2023 the Minister for Home Affairs (Hon Clare O’Neil) announced changes to the employer sponsored migration program (see here) which included, among other things, access to permanent residency for “short-term” Temporary Skill Shortage (Subclass 482) (TSS) visa holders via the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (Subclass 186) (ENS) visa.
Implementation date for changes to the employer sponsored migration program
The Department of Home Affairs (Department) have announced that the proposed implementation date for the new changes to the employer sponsored migration program will be on 25 November 2023. A summary of the changes is set out below:
Requirement being updated |
Current requirement |
New requirements |
| Occupation list requirement | Only individuals with occupations on the medium to long term strategic skills list (MLTSSL) are eligible for permanent residency via an ENS visa application (unless specific exemptions apply). | The Temporary Residence Transition (TRT) stream of the ENS visa will be available to TSS visa holders who have occupations on the MLTSSL or on the short term skilled occupation list (STSOL). |
| Duration requirement (under the age of 45) | To be eligible for the TRT stream of the ENS visa, individuals are required to have worked for their sponsoring employer in their nominated occupation on a TSS visa for at least 3 years prior to applying (unless specific exemptions apply). | To be eligible for the TRT stream of the ENS visa, individuals will be required to have worked for their sponsoring employer in their nominated occupation on a TSS visa for at least 2 years prior to applying. |
| Duration requirement (over the age of 45) | To be eligible for the TRT stream of the ENS visa, individuals over the age of 45 are required to have worked for their sponsoring employer in their nominated occupation on a TSS visa for at least 3 years and paid at above the Fair Work High Income Threshold (unless specific exemptions apply). |
To be eligible for the TRT stream of the ENS visa, individuals over the age of 45 will be required to have worked for their sponsoring employer in their nominated occupation for at least 2 years and paid at above the FWHIT.
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While these timelines and changes are subject to regulatory and legislative changes, this is welcome news. The two occupation lists (MLTSSL and STSOL) effectively created an underclass of TSS visa holders who could not progress to permanent residency despite their valuable contributions to Australian businesses and the economy. These expanded pathways give these workers greater certainty, and more equitable access to permanent residence.
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