Temporary Skill Shortage (TSS) Visa Holders will have a Pathway to Permanent Residency by Late 2023

Date: 05 May 2023

The Australian Government has announced that by the end of 2023, all all Temporary Skill Shortage (TSS) (subclass 482) visa holders will have a pathway to permanent residency in Australia.

This move will provide employers and migrants with greater certainty and help to increase the skill level in Australia’s permanent skilled program.

Temporary Skill Shortage (TSS) (subclass 482) visa holders will have a pathway to permanent residency

WHAT IS THE TEMPORARY SKILLS SHORTAGE (TSS) PROGRAM?

The Subclass 482 – TSS visa is designed for skilled workers who are sponsored by an Australian employer to fill a position that cannot be filled by an Australian worker. The visa is typically issued for up to four years, with the option to renew it once. However, until now, TSS visa holders did not have a clear pathway to permanent residency in Australia.

HOW WILL THIS WORK?

By the end of 2023, the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (subclass 186) visa will be available for all Temporary Skill Shortage (TSS) visa holders whose employers wish to sponsor them.

Applicants will need to continue to work in the occupation nominated for their TSS visa(s). However, occupations will not be limited to the Medium and Long-term Strategic Skills List (MLTSSL).

The Department will also reduce eligibility for the TRT stream from three years to two years employment with the sponsoring employer. Applicants will need to meet all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa.

To facilitate these pathways, the Government is also removing limits on the number of Short-term stream TSS visa applications that visa holders can make in Australia. This is an interim measure to assist those currently onshore who would normally need to go offshore to make further visa applications.

WHAT IS THE IMPACT OF THIS ANNOUNCEMENT?

This announcement by the Albanese Government means that TSS short stream visa holders will now be able to apply for permanent residency under the existing capped permanent program. This program is designed to attract highly skilled workers who can contribute to the Australian economy and society in the long term.

The move has been welcomed by employers and migrants alike, who have been calling for greater certainty and stability in the migration system. It will allow employers to retain skilled workers who have already been trained and integrated into their workforce, rather than having to constantly recruit and train new workers.

For migrants, the pathway to permanent residency will provide greater security and a sense of belonging in their adopted country. It will also enable them to fully participate in Australian society and contribute to its economic and social development in the long term.

OTHER NOTABLE CHANGES

From 1 July 2023, the TSMIT will increase from $53,900 to $70,000. New nomination applications after this date will need to meet the new TSMIT of $70,000 or the annual market salary rate, whichever is higher.

This change will not affect existing visa holders and approved nominations lodged before 1 July 2023.

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