Background

Following its pre-election commitments, the Albanese Labor government has implemented changes to the Sc 482 Temporary Skill Shortage (TSS) and 186 Employer Nomination Scheme (ESN) visa programs to expand access to a greater number of Sc 482. The Amendments state the purpose of these changes is to increase the equity in the system by providing all Sc 482 visa holders with a pathway to permanent residency.

The key changes impact both Sc 482 visa Short Term stream and access to the Sc 186 ENS TRT stream. These changes address issues which arise from the cancellation of the Sc 457 visa program in 2018, such as the limitation on renewal of Sc 482 Short Term stream visas and the lack of a pathway to permanent residency for 482 Short Term stream visa holders.

Key Changes

Changes impacting Sc 482 visas in the Short Term stream

The Amendments have removed the limitation on onshore renewals for the Sc 482 visa in the Short Term stream. Visa holders in the Short Term stream were previously restricted to a maximum of one onshore visa renewal.

On 1 July 2022, to retain Sc 482 visa holders in the Short Term stream who had worked in Australia through the COVID-19 period, the Government permitted Sc 482 Visa holders to apply for up to two onshore renewals. They needed to have been working in Australia on Sc 482 visa for at least 12 months between 1 February 2020 and 14 December 2021. Sc 482 visa holders who did not meet this criteria continued to be restricted to one onshore visa renewal.

As of 25 November 2023, the Government has removed all limitations on the number of Sc 482 visa applications in the Short Term stream that can be made while in Australia. This change provides increased flexibility and potential for a more sustainable pathway to permanent residency in Australia.

Changes impacting Sc 186 Employer Nomination Scheme (ENS) Temporary Residency Transition (TRT) stream

Expanded access to the Sc 186 visa for Sc 482 visa holders

One of the key and most significant updates to the Sc 186 visa TRT is the expanded access provided by the amendments. Previously, only Sc 482 visa holders in the Medium Term stream could apply for the Sc 186 visa (TRT stream).

The Albanese Government has now opened up the Sc 186 visa TRT stream to all Sc 482 visa holders, including those nominated under the Regional Occupation List, Short Term stream, Labour Agreement streams and DAMA. Overall, this expansion provides more opportunities for skilled temporary residents to apply for permanent residency.

Reduction in employment period for 186 TRT

Further, the Government has lowered the length of time that a Sc 482 visa holder needs to work for their sponsor on their Sc 482 visa for, from 3 years down to 2 years. This change allows eligible Sc 482 visa holders to transition to a permanent visa sooner.

Short Term visa holders who can only be nominated for up to 2 years may need to apply for a second Sc 482 visa to meet the 2 year work requirement.

Regional Medical Practitioners & High Income earners

There have also been several changes made to the age exemption accessible by Medical Practitioners working in a designated regional area, and Sc 457/482 High Income earners. For these two cohorts, the requirement to access the age exemptions have been reduced from '3 years in the last 4 years' down to '2 years in the last 3 years'. This change means that applicants who fall into either of these two categories will be able to access the age exemption at the same time they become eligible for the Sc 186 visa.

Exclusion of non-ANZSCO occupations

The expanded access to the Sc 186 visa removes the requirement for nominated occupations for the TRT stream to be assessed against a skilled migration occupation list. The criteria to access the Sc 186 visa is that the nominated occupation must be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the nominated worker will need to continue working in the same occupation they were nominated under for their Sc 482 visa. This criteria also means that occupations not listed on ANZSCO are excluded from accessing the Sc 186 visa, unless there is a Labour Agreement or DAMA in place that permits a non-ANZSCO occupation to be sponsored under a Sc 482 visa.

We held a free webinar on 30 November 2023, Expanding Access to Temporary Residence Transition Stream Amendments, going through the changes to the Sc 186 visa TRT in depth, which is available to watch on demand.

Summary

In summary, the main changes introduced by the Government in the 25 November 2023 update are as follows:

  • Reduction in Time Requirement
    • Qualification for the SC 186 TRT reduced from 3 years to 2 years.
  • Expanded Access for SC 482 Visa Holders
    • Access extended to all SC 482 visa holders, including those listed in ANZSCO, STSOL, labour agreement, ROL, and most DAMA visa holders.
  • Reduction in Time Requirement for Applicants Over 45
    • Applicants over 45 can now qualify for the SC 186 TRT with a reduced period under the Regional Medical Practitioner and 482 visa holder (high income) exemptions.

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