The Department of Home Affairs has announced a significant change to the Employer-Sponsored migration program, which is set to take effect on 25 November 2023. While the full details of these changes and their operational aspects are expected to be unveiled on the implementation date, this article, written by our team of Migration Lawyers, details some preliminary information we have received from the Australian Government during the recent Law Council of Australia conference and the subsequent information released publicly to advisors in the sector.

Changes to Temporary Skilled Shortage Visa

One of the long-awaited modifications involves the removal of the limit on the number of Short-term stream Temporary Skill Shortage (TSS) visa applications that visa holders can make while in Australia. This change is intended to apply to new TSS visa applications submitted on or after 25 November 2023.

Temporary Residence Transition (TRT)

In addition to the above, changes are coming to the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (subclass 186), starting from 25 November 2023. Employers can nominate holders of all streams of Temporary Skill Shortage (TSS) visas, removing the need for nominated occupations to be assessed against a skilled migration occupation list. Instead, nominated occupations should align with the Australian and New Zealand Standard Classification of Occupations (ANZSCO), and workers must continue in their nominated roles. This means a pathway to PR is now available for those TSS visa holders who were granted for an occupation in the short-term stream.

For Temporary Skilled visa holders seeking TRT stream eligibility, the requirement to hold the visa and work in the nominated position will also be reduced to two years instead of the current three year period before nomination, providing a quicker path to permanent residency.

The age exemptions for regional medical practitioner applicants and high-income earners aged 45 years and over will allow for a two year pathway. At the same time, Covid-19 related age exemptions will end due to the two year pathway.

This announcement follows previous indications from the Government earlier this year and brings promising news for skilled workers and businesses across Australia. The key highlight of this change is the elimination of the application limit, which speeds the process to PR up significantly, which can positively impact the flexibility and opportunities for TSS visa holders. The previous constraints on these applications will no longer be a factor for those seeking to secure their status in Australia.

How Ramsden Lawyers Can Help With The Changes To Employer-Sponsored Migration Program

Though it’s crucial to acknowledge that the implementation date could potentially be altered, the official announcement has been issued. At Ramsden Lawyers, our migration division is ready to assist you in navigating and capitalising on these much-needed changes. If you would like to explore how these changes could positively impact your individual situation, our team is actively arranging consultations to offer guidance and support after the announcement. Please don’t hesitate to reach out to us for further information.