Changes to the Employer Sponsored Pathways making permanent residency available to more skilled workers

Earlier this month, we were happy to share some good news for employers and skilled workers that all subclass 482 holders would have a pathway to permanent residency with a new rule to take effect from 25 November 2023.

We have been talking about these proposed changes since the Minister announced change was coming, and now we have a new instrument – Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023.

Below is a confirmation of the new rules and opportunities provided in the new instrument –

• Subclass 482 (TSS) visa holders (and some 457 holders) can now apply for the Subclass 186 (ENS) visa through the Temporary Residence Transition (TRT) stream, even if their nominated occupation is on the Short-Term Skilled Occupation List. 
• The waiting period for eligibility for the 186 visa under the TRT stream has been reduced from 3 years to 2 years.
• References to COVID-related concessions exemptions have been removed as redundant.
• For regional medical practitioner applicants, the period of required employment in regional areas has been reduced from 3 years to 2 years.
• The amendment also modifies the definition of a Subclass 457/482 worker exempt from the age requirement.
• The employment period for this exemption is reduced from 3 years to 2 years for those who are paid above the Fair Work High Income Threshold.

The amendments will be in effect from 25th November 2023. These changes apply to applications for nominations made on or after 18th March 2018, but not yet finally determined, as well as applications made on or after the commencement of the instrument. It’s important to note that this instrument only changes the rules for the Temporary Residence Transition Stream. The rules remain the same for the Direct Entry Stream.

If you are the holder of a subclass 482, or an employer that sponsors or wants to sponsor you should speak with us straight away to make sure you understand the available opportunities.