A Way Forward: Changes to the Temporary Skill Shortage Visa and more

As a part of the government’s vision to provide a ‘better targeted, more efficient and outcome-focused migration system’,[1] the Department of Home affairs have announced that there will be changes made to the Temporary Skill Shortage visa (subclass 482) (‘TSS’), and Temporary Residence Transition Stream for Employer Nomination Scheme (subclass 186) and the Regional Sponsored Migration Scheme (subclass 187) visas.

The changes will come into effect from 25 November 2023 and see limits removed on how many Short-Term Stream (‘STS’) visa applications a visa holder can make in Australia. This will enable applicants to lodge more than two STS visa applications onshore (In Australia). For applicants lodging prior to 25 November 2023, there remains a requirement to lodge a third STS application offshore (outside of Australia).

There will also be a change in Nomination requirements. Following these changes, Employers can nominate any holder of a TSS subclass 482 for a permanent residency (‘PR’) pathway, including STS and nominees under a Labour Agreement. Additionally, the holder of a TSS subclass 482 will now only have to work with their sponsoring employer for two years, rather than the previous three years to become eligible for PR.

The Department of Home Affairs has also announced that it will no longer require a nominated occupation to be on the Skilled Migration Occupation List when applying for PR under the subclass 186 or 187 visas. However, it is still a requirement that a worker’s occupation must be listed on the Australian and New Zealand Standard Classification (ANZSCO), and that the worker continues working in the nominated occupation for their TSS visa following lodgment of a TRT subclass 186 or 187 visa, before the grant of PR.

The changes to the TRT stream will also impact applicants that are regional medical practitioners and/or high-income earners that are 45 or older. Under the change, the requirement that an applicant must be under 45 years old will be removed for regional medical practitioners and high-income earners. Applicants which meet the threshold of being either a regional medical practitioner or a high-income earner will be eligible to apply for a two-year pathway to PR. However, given the applicability of the two-year pathway to PR, this will make the COVID-19 age exemptions redundant.

Please note that the content of this article is not to be taken as legal advice. If you wish to seek Immigration assistance that may have arisen following this article, please see our contact details.

[1] Hon Clare O’Neil MP, A Migration System for a More Prosperous and Secure Australia: Outline of the Government’s Migration Strategy, 2023, 1.