In brief

The Department of Home Affairs announced that the long anticipated changes will be made to the employer sponsored/nominated temporary and permanent residence visa programs from 25 November 2023.

What are the changes?

Employer Sponsored Temporary Work Visa - Subclass 482 Visa

Under the current rules, short-term stream subclass 482 visa holders (i.e., their nominated occupation code is on the Short-Term Occupation List) must be outside Australia in order to lodge a further short-term stream subclass 482 visa application if they have held more than one short-term stream subclass 482 visa and were in Australia when their most recent short-term subclass 482 visa application was lodged (unless an international trade obligation applies).

This restriction, which was temporarily lifted during the COVID period, will permanently be removed.

Employer Nominated Permanent Residence Visa Pathway (Subclass 186 TRT stream) Available to All Subclass 482 Visa holders

Under the current rules, the employer nominated permanent residence visa pathway is available to medium-term stream subclass 482 visa holders only, unless one of the concession provisions applies (e.g., COVID concession).

From 25 November, all subclass 482 visa holders, will be able to access an employer nominated permanent residence visa under the Temporary Residence Transition (TRT) stream, irrespective of whether their subclass 482 visa is short-term or medium-term stream.

Under the current rules, eligible subclass 482 visa holders must have been working in their nominated occupation code under the subclass 482 visa sponsorship of the same sponsor/employer for at least three out of the last four years in order to access the subclass 186 visa program under the TRT stream. This minimum period of employment will be reduced to two out of the last three years. This change will also apply to subclass 482 visa holders who are aged 45 and over and wish to rely on an age exemption to apply for a subclass 186 visa under the TRT stream provision based on their guaranteed annual earnings being at least Fair Work High Income Threshold (FWHIT).