In a recent development, the Department of Home Affairs in Australia has unveiled a new and promising pathway for Temporary Skill Shortage (TSS) visa holders to achieve permanent residency through the Employer Nominated Scheme (ENS) visa. This pathway, known as the Temporary Residence Transition (TRT) stream, is set to open doors for numerous TSS visa holders, offering them an opportunity to secure their future in the land Down Under. Here, we delve into the details of this significant announcement and the various adjustments that come with it.
1. Universal Path to Permanent Residency
The most significant revelation in this announcement is the provision of a universal path to permanent residency for all TSS (subclass 482) visa holders. This means that regardless of the occupation they are sponsored for—be it Short-term (STSOL), Long-term (MLTSSL), or Regional Occupation List (ROL)—TSS visa holders can now look forward to the prospect of becoming permanent residents in Australia. This move is a testament to Australia’s commitment to attracting and retaining skilled workers in various sectors.
2. Commencement and Regulatory Approvals
The Department of Home Affairs has outlined that these monumental changes are expected to take effect from 25 November 2023, contingent upon the approval of necessary regulatory changes.
3. Shortened Employment Eligibility Period
To make the transition to permanent residency more accessible, the eligibility period of employment on a TSS 482 visa has been reduced from three years to two years. This change implies that TSS visa holders can now secure their path to permanent residency with just two years of employment under their most recently approved sponsor. There are limits on the number of short-term stream TSS visa applications that could be made onshore in Australia however these limits are to be removed. As a result, applicants who wish to lodge a third or subsequent short-term stream TSS visa application can do so without the need to depart Australia. This modification streamlines the process for those who wish to continue their stay in Australia while working towards permanent residency.
4. Removal of Limits for Short-term Stream TSS Visa Holders
Previously, there were limits on the number of short-term stream TSS visa applications that could be made onshore in Australia. However, with these changes, the limits have been removed. As a result, applicants who wish to lodge a third or subsequent short-term stream TSS visa application can do so without the need to depart Australia. This modification streamlines the process for those who wish to continue their stay in Australia while working towards permanent residency.
5. Age Exemptions for Regional Medical Practitioners and High-income Applicants
Amendments will be made to age exemptions for regional medical practitioner and high income earning applicants aged 45 years and over to allow for a two-year pathway instead of the current three-year requirement.
In conclusion, these significant changes in Australia’s immigration policies bring hope and opportunity to TSS visa holders, offering them a well-defined path to permanent residency. As these policies are subject to regulatory approvals, it’s crucial for potential applicants and stakeholders to stay informed and remain updated on the latest developments in Australian immigration.
These changes reflect Australia’s continuous efforts to attract skilled talent and promote its position as a global destination for those seeking a brighter and more secure future.
Written by Farhan Rehman
Principal Partner at RSG Lawyers and Associates
Email: farhan@rsglaw.com.au
Ph: (03) 9350 4440
