The announcement that many have been waiting for is here!
From 25 November, all Temporary Skills Shortage (subclass 482) visa holders will have the opportunity to access Permanent Residency under the Employer Nomination Scheme Subclass 186 visa.
The changes to the laws are yet to be made, and we may all need to wait to see the formal changes before determining whether a person is eligible and when.
Summary of changes:
- Previously, only TSS visa holders with an occupation on the Medium and Long Term Strategic Skills List (MLTSSL) were able to access the ENS subclass 186 permanent residency. This restriction has now been removed permanently for the ENS 186 visa in the Temporary Resident Transition Stream (but not the Direct Entry stream).
- The period of service required under the ENS TRT has also changed. Instead of having to work for the sponsoring employer for 3 years while holding a 482, only 2 (two) years is required (note: any service years prior to having a 482 does not count towards the required 2 years).
What does this mean for you or your employee? We answer some frequently asked questions below.
To discuss the circumstances and eligibility specifically for your case, please book in a standard migration consultation with a WLW lawyer.
My employee is/I am a 482 visa holder. When can we apply?
The new requirement is that you/your sponsored employee must have worked for the sponsor business while holding the 482 visa for two years. Generally:
- If you were in Australia at the time of your 482 visa being granted, and were already working for your sponsoring employer, the date of grant is when the clock started.
- If you were overseas, then the day you started working in Australia for your employer is when your clock started.
- If you were in Australia on a 482 but working for a previous employer at the time a nomination transfer was approved, the day you started working for your employer is when your clock started.
We recommend confirming with your WLW Lawyer about the eligibility date in a consultation.
Is there anything we should know about how to count the two years’ service?
There are many factors that could be relevant, such as how any periods of unpaid leave cannot be counted. Please discuss any such scenarios with us.
What if the 482 visa expires before 25 November 2023 when the changes are implemented?
A new 482 visa will need to be applied for. A key factor is that at the time of lodging a 186 nomination application, the applicant/nominee must hold a 482 visa, or a bridging visa granted with an application for a 482.
What if the 482 visa expires before the two-year anniversary?
Another 482 visa may need to be applied for before your visa expires. We are still waiting to see the department’s policy advice on whether they will accept applications from someone a few weeks earlier than their two-year anniversary date in the event their visa is expiring (e.g., applications being lodged in their 23rd month of service).
If your visa expires more than a month from your two-year anniversary date, it is more likely that you will need to apply for another 482 visa.
Please discuss your situation with your WLW Lawyer.
What do I do next?
Book in a consultation with us to discuss your situation, and we are looking forward to assisting you!