Changes to the Employer Nomination Scheme (ENS) 186 visa Temporary Residence Transition (TRT) stream, and the Temporary Skills Shortage (TSS) 482 visa had been implemented on 25 November 2023. These legislation updates are expected to provide better and faster access to permanent residency for current and future TSS 482 visa holders.
This article intends to discuss each of the four visa updates and demonstrate their possible effects by providing real-life examples.
- All occupation streams under the TSS 482 occupation list are now eligible to apply for permanent residency via the ENS 186 visa TRT.
Historically, the ENS 186 visa TRT was only available for TSS 482 visa holders whose occupations are on the Medium to Long Term Strategic Skills List (MLTSSL) and who have held their TSS 482 visa for at least three years in the same occupation working for the same employer. However, from 1 st of July 2022, access to ENS 186 visa TRT was also made available for TSS 482 visa holders under the Short-term steam and eventually became available for TSS 482 visa holders under the Regional Occupation List (ROL). This provision is set to end on the 1 st of July 2024.
With this recently implemented update on the ENS 186 visa TRT, current and future TSS 482 visa holders from all streams have the opportunity to apply for permanent residency after two years of holding a TSS 482 visa. For example, if you are currently working as a Cook and your employer decides to sponsor you on a TSS 482 visa, you will be eligible to apply for 186 visa TRT after two years of working in the same employer/sponsor. Your employer/sponsor should be willing to sponsor you on 186 visa TRT and you should satisfy all the criteria for this visa.
- The requirement to have three years of continuous work for the same nominated occupation with the same employer/sponsor when applying for permanent residency via the ENS 186 visa TRT was reduced to two years.
This provides current and future TSS 482 visa holders faster access to ENS 186 visa TRT. For example you are a Software Engineer who has been working for the same employer and has been holding a TSS 482 visa for two years, you will be eligible to apply for 186 visa TRT if your employer is willing to sponsor you on this visa.
- The occupation list is no longer required when lodging an application form ENS 186 visa TRT.
It used to be a mandatory requirement that the nominated occupation of ENS 186 visa TRT applicants should be on the occupation list for this visa, and the nominated occupation should be the same as the one on the TSS 482 visa. However, from the 25th of November 2023, only the latter applies. Since the occupation list no longer applies, any changes to the applicable occupation lists will have no impact on the TSS 482 visa holders’ permanent residency pathway.
For example, you have been working as a Marketing Specialist and have been holding a TSS 482 Short-term Stream for a year. You will be eligible to apply for ENS 186 Transition Stream visa once you reach your second full-year on a TSS 482 visa in the same nominated occupation with the same employer even if the Marketing Specialist role has been removed from the applicable occupation list.
- Limit on the number of times that one can apply for TSS 482 Short-term stream has been removed.
TSS 482 short-term stream visa holders used to have only one chance of applying for another TSS 482 visa while in Australia. However, on the 1st of July 2022, another chance to apply for TSS 482 visa while onshore was provided to TSS 482 visa holders who stayed in Australia during the pandemic. This provision is set to end on the 1st of July 2024.
From the 25th of November 2023, TSS 482 visa holders under the Short-term stream, can apply for this visa for unlimited number of times while in Australia. For example, you are holding a TSS 482 visa as an Architectural Draftsperson (this occupation in on the Short-term stream), you can renew your visa unlimited times, or you can apply for ENS 186 visa TRT after two years of holding a TSS 482 visa.
With the frequent changes in the Australian migration law, it can be difficult to keep track of all them and it can be more challenging to understand how these changes can affect you. It is suggested that you seek advice or assistance from a Registered Migration Agent or an Immigration Lawyer to see whether these new changes may or may not be favourable to your unique circumstance.