Expanded Pathways to PR for TSS Subclass 482 Visa Holders

Following from our article on 27th April, discussing the Government’s intentions to increase the Temporary Skilled Migration Income Threshold (TSMIT) to AU$70,000 and expand pathways to permanent residence for employer sponsored temporary skilled visa holders, today we look at what the latter changes will actually mean.

Increase in the TSMIT

We know that the Government will increase the TSMIT to AU$70,000 as of 1 Jul 2023. This will not affect nominations lodged before 01 July 2023. That is, people who already hold a Temporary Skills Shortage (Subclass 482) or Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa, or businesses who have lodged a nomination before 01 July, will not be impacted by this increase. Whether or not the new TSMIT will impact on other visa pathways, like the Permanent Residence (Skilled Regional) Subclass 191 visa and eligible applicants, remains to be seen. More information will be provided once Ashton Legal is made aware of the legislative changes and its impact on current and prospective clients.

Expanded pathway to permanent residency for TSS 482 visa holders

Some clarity has been provided by the Department about the extended pathways to permanent residency, which will be available to all TSS visa holders by the end of 2023. The Temporary Residence Transition (TRT) stream under the Employer Nomination Scheme (Subclass 186) visa will be for all Temporary Skills Shortage visa holders whose employers wish to sponsor them. The key changes will be:

1. TSS holders with occupations on either the Short Term Skilled Occupation List (STSOL) or the Medium Long-Term Strategic Skills List (MLTSSL) will be able to transition under the TRT stream of the ENS Subclass 186 visa.
2. Eligibility will be reduced to two years working for the sponsoring employer, instead of three years; and
3. Interim measure to remove limits on the number of Short-term stream TSS visa applications (which is currently limited to two TSS visas in the Short-term stream).

This comes as welcomed news for TSS visa holders who’s occupation are only on the Short Term Skilled Occupation List (STSOL) and who, previously, did not have a pathway to transition to permanent residency. This essentially means that if you hold a TSS 482 visa, regardless of whether your nominated occupation is in the STSOL or the MLTSSL, you will have a pathway to PR. This creates certainty for both sponsored migrant workers and Australian businesses to create stability and opportunities for growth in their business. These changes represents the Government’s commitment to address critical skills shortages and to keep skilled migrants in Australia with a clear pathway to permanent residency.

More information will be provided as legislative changes come into place. If you’re seeking advice on your current situation, please contact us for a detailed consultation.