Permanent Residency for TSS 482 Visa Holders
The long-awaited announcement as to when all TSS 482 visa holders will have a pathway to permanent residence regardless of their occupations under the 482 visa stream, including those under a Labour Agreement, has been announced.
Changes come into effect from Saturday, 25 November 2023.
The nominated worker needs to have held their 482 and worked for the same employer for at least two years prior to lodgement; this has been reduced from three years.
The skilled occupation lists will no longer apply to transitional ENS (Subclass 186) applications; however, the occupation must be listed in ANZSCO and be the same as the occupation that the nominee has been nominated for their 482 visa.
Applicants are still required to be under 45 years of age or earn more than the Fair Work High-Income Threshold (currently $167,500). However, there will be changes made to the age exemption requirements for regional medical practitioners to allow them to also access a two-year transition pathway.
The new rules will apply to all ENS Subclass 186, Temporary Resident Transition Stream (TRT) nominations lodged after 25 November 2023 and to those nominations lodged earlier but not yet finalised by that date.
Also, from 25 November, applicants in the short-term stream will no longer be restricted to one onshore renewal of their TSS 482 visa. Applicants will be able to lodge multiple applications onshore, however, note that the ‘Genuine Temporary Entrant’ requirement still applies. Any visa holder whose second short-term TSS 482 visa is due to expire before 25 November 2023, will unfortunately need to depart Australia, in order to lodge a third application.
What Has Not Changed:
- Employees will still need to earn at least $70,000 base salary
- Employers will still need to do Labour Market Testing as they currently do
- Training Levies (Skills Australia Funding) remain unchanged
- Subclass 186 (ENS) visas will still have TRT and Direct Entry Pathways
- There is still an age restriction for those under 45 years of age, unless exempt, to access permanent residence through the ENS pathway
What It Means for Employers:
- The changes will provide employers with more certainty when hiring that they will be able to retain the employee long-term regardless of the occupation
- More employees will be eligible for permanent residence earlier
Please note that until legislation is released, it is difficult to confirm eligibility under the changes. More changes are expected to be announced in coming months.
We appreciate your patience while we await further details in relation to the regulations and policy, as this will contain further detail and clarification.
