The Australian Federal Government has announced that on 25 November 2023 changes to the Employer Nomination Scheme (ENS)(subclass 186) visa program will be introduced, with the reforms having the effect of broadening the permanent residency program and enabling Temporary Skill Shortage (TSS)(subclass 482) visa holders to apply for employer sponsored permanent residency earlier. A pathway to permanent residency will be introduced to allow those with occupations on the Short Term Occupation List to be eligible to apply for an ENS subclass 186 visa.
What are the reforms being implemented on 25 November 2023?
The significant reforms intended to be implemented by the Australian Department of Home Affairs (DHA) include the following:
- All Temporary Skill Shortage (TSS)(subclass 482) visa holders will be eligible to apply for permanent residency through the ENS (subclass 186) visa program- Temporary Residence Transition stream, provided they meet the requirements of this visa.
- As with the current ENS subclass 186 visa requirements, TSS subclass 482 visa holders will need to continue to work in the occupation nominated as was allocated for their TSS subclass 482 visa.
- TSS subclass 482 visa holders will be eligible to apply for employer sponsored permanent residency through the ENS subclass 186 visa program after two years. This has been reduced from the current three year requirement.
- The current limit on TSS subclass 482 visa holders with occupations on the Short Term Occupation List that can be made onshore in Australia will be removed.
How will the reforms benefit employers?
For companies sponsoring skilled overseas workers through the TSS subclass 482 visa program, currently the process of selecting the ‘nominated occupation’ for a candidate can be difficult if the employer requires a long-term arrangement and the candidate’s occupation is on the Short-Term Occupation List.
The proposed 25 November 2023 reforms will open up a pathway for permanent residency through the ENS subclass 186 visa program to all TSS subclass 482 visa holders, including visa holders with an occupation on the Short Term Occupation List. This will enable employers to have the option of retaining their skilled overseas staff on a long-term basis, regardless of their occupation.
For advice regarding sponsoring overseas workers, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.
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