New visa rules announced allowing a shorter pathway to become an Australian resident

Some of Australia’s sought after visas are facing new rules that will taking effect this month. See what it means and if you’re eligible.

The Federal Government has announced certain visa holders are now eligible to become Australian permanent residents in as little as two years.

These changes are said to provide those holding the Temporary Skill Shortage 482 visa a simpler pathway to become a permanent resident.

It involves changes to the 482 visa and the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) 186 visas.

This is what we know:

WHAT IS THE 482 VISA?

The 482 Temporary Skill Shortage (TSS) visa helps employers address labour shortages by sponsoring skilled workers to fill positions they can’t fill with Australians.

The TSS 482 visa replaced the 457 Visa in March 2018 and is now the most common way for companies to sponsor employees in Australia.

WHAT IS CHANGING WITH THE 482 VISA?

The Australian Government will make changes to the TSS 482 visa and Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) 186 visa.

Until now, 482 visa holders were required to wait three years before they were eligible to move onto the 186 Temporary Residence Transition (TRT) stream, which allowed them to become permanent residents.

Now they will only need to wait two years instead with the most recently approved sponsor.

The government is also planning to remove the limit on the number of Short-term stream TSS visa applications that visa holders can make in Australia.

WHO DOES THE CHANGE APPLY TO?

This change is intended to apply to new TSS visa applications made on or after November 25, 2023.

Short term-stream TSS holders with visas expiring before November 25 will need to travel outside Australia to lodge a third short term-stream TSS application.

WHEN DOES THE CHANGE COME INTO EFFECT?

These new rules come into effect later this month on November 25, pending any legislative changes and will also see a number of occupations becoming eligible for the new pathway.

Those looking to become permanent residents will still need to meet other criteria, which includes health, and english language requirements.

WHAT’S BEEN THE REACTION?

Founder and education agent Nicholas Yock at Pathway to Aus has celebrated this news on TikTok saying it is a “big win” for 482 visa holders, as “they can get PR in as little as two years”.

“It’s finally happening, immigration has announced the 482 pathway to permanent residency 186 for most occupations, especially those on the short term occupations will come into effect from the 25th November”, he said.

@pathwaytoaus

Coming November 25th. A shorter PR pathway for 482 visa holders. #pathwaytoaus#australianpr#australianvisa

♬ original sound - Pathway to Australia

WHAT’S CHANGING WITH THE 186 VISA?

Employers will be able to nominate holders of all streams of TSS visas (including Short-term and Labour Agreement streams).

They are hoping to remove the requirement for nominated occupations for the TRT stream to be assessed against a skilled migration occupation list.

The nominated occupation will need to be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the nominated worker will need to continue to work in the occupation nominated for their TSS visa.

Changes to the TRT stream nomination requirements are intended to apply to new Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme nomination applications and other applications that are yet to be determined by November 25, 2023.

Other changes planned for TRT stream 186 visa application requirements include updating age exemptions for regional medical practitioner applicants and high income earning applicants aged 45 years and over to allow for a two-year pathway to residency.

Covid-19 related age exemptions will also become redundant as a result of the two-year pathway.