Good news for employers and skilled workers to take effect from 25 November 2023 – changes to the Employer Nomination Scheme (subclass 186) Temporary Residence Transition Stream

One of the bad laws we have been fighting to see and end to is the law dividing workers into a good list (with a pathway to permanent residence), and a bad list (with no pathway to permanent residency).

We are not just immigration lawyers living in a vacuum, we are also ourselves employees, consumers, and business owners; so we know that every skilled job is important, and every skilled worker is important to their employer and to Australia’s prosperity.

The subclass 482 program has allowed some people with jobs on one occupation list to (eventually) apply for permanent residency (and ultimately Australian citizenship) but not the aged care worker that cares for our aged parents. The unlucky occupations could never apply for permanent residency and could only apply for 2 short-term visas onshore. It’s been palpably unfair to visa holders and employers.

The good news is that from 25 November 2023 the Government plans to make positive changes which, are summarised below.

• Allowing employers to nominate all holders of the 482 visa visas (including Short-term and Labour Agreement streams) for a permanent visa through the Employer Nomination Scheme (subclass 186) Temporary Residence Transition Stream (“ENS TRT stream”)
• Removing the requirement for nominated occupations for the ENS TRT stream to be assessed against a skilled migration occupation list. Instead, the nominated occupation will use the list of occupations in the Australian and New Zealand Standard Classification of Occupations (ANZSCO).
• Reducing how long a subclass 482 visa holder needs to hold their visa and work in their same nominated position or occupation from three to two years to be eligible to be nominated by their employer for the ENS TRT stream.
• Remove the limit on the number of Short-term stream subclass 482 visa applications that visa holders can make in Australia.

If you have a business that wants to bring on or retain skilled workers, or a worker who wants to make Australia your permanent home – contact Ray Turner Immigration Lawyers for a consultation.