Australia has recently unveiled significant changes to its visa system, opening up new opportunities for skilled workers to secure permanent residency. Reforms to the Temporary Skill Shortage (TSS) visa (subclass 482) and the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) have created a more accessible and streamlined pathway to permanent residency. The TSS visa allows employers to sponsor skilled workers from overseas to fill roles where suitable Australian candidates are unavailable, addressing labor shortages by bringing in workers with the necessary expertise.
Short-Term Stream
Fill labor shortages with skilled workers when Australian candidates are unavailable.
Applicants with an occupation on the Short-Term Skilled Occupation List (STSOL) may be eligible for a visa for up to 2 years, or up to 4 years if an International Trade Obligation (ITO) applies. Hong Kong passport holders can stay in Australia for up to 5 years.
AUD1,495.00 for the main applicant, with additional costs for dependents (AUD375.00 for dependents under 18 years old).
Medium-Term Stream
Fill labor shortages with skilled workers when Australian candidates are unavailable.
Applicants with an occupation on the Medium and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) can apply for a visa for up to four (4) years. Hong Kong passport holders can stay in Australia for up to 5 years.
AUD 3,115.00 for the main applicant. Additional costs may apply for dependents included in the application, such as additional visa charges for health checks or police certificates. The final cost will depend on individual circumstances and the number of dependents.
Labour Agreement Stream
This stream is designed for skilled workers nominated by an employer who has a Labour Agreement with the Australian Government. It allows you to live and work in Australia for up to four years. Labour agreements are negotiated between the Department of Home Affairs and employers.
Key Changes to the TSS Visa and TRT Stream
1. Expanded Occupation List: One of the most notable changes is the expansion of the TRT PR pathway to include a broader range of occupations. Previously restricted to the Skilled Migration Occupation Lists, the new reforms now encompass a diverse array of industries such as business, commerce, and finance. This shift significantly enhances opportunities for skilled workers across various sectors to achieve permanent residency.
2. Lowered Work Experience: The 2024/25 Federal Budget lowers the Temporary Skill Shortage (TSS) subclass 482 visa work experience requirement from two years to one year, starting November 23, 2024. This change aims to address skill shortages by making it easier for new professionals to qualify. Despite the reduced experience requirement, candidates must still meet other criteria, including the necessary skills and qualifications.
3. Reduced Transition Period: The transition period from the TSS to the TRT visa has been shortened from three (3) years to two (2) years. This reduction simplifies the process for eligible applicants, allowing them to move from a temporary to a permanent residency status more swiftly.
4. Unlimited Short-Term TSS Applications: Applicants for short-term TSS visas can now lodge applications within Australia without restrictions on the number of applications. This change is expected to provide greater flexibility and ease for those seeking to work and live in Australia.
Eligibility
To be eligible you need to:
Occupation
Be nominated for a position that appears on the Short-Term Skilled Occupation List (STSOL). This list identifies occupations in demand that are eligible for the Temporary Skill Shortage (TSS) visa, ensuring that the roles are in areas where there is a genuine need for skilled overseas workers.
Work Experience
Demonstrate at least 2 years of relevant work experience in the nominated occupation or a closely related field. This experience must be recent and directly applicable to the role for which you are being sponsored, ensuring that you possess the practical skills necessary to perform the job effectively.
Skills Assessment
Depending on the occupation, a relevant skills assessment may be required. This assessment evaluates whether your skills and qualifications meet Australian standards for the nominated occupation. The requirement for a skills assessment can vary based on the specific occupation and the needs of the employer.
English Language Proficiency
Meet the minimum English language proficiency requirements as specified for the visa. This generally involves passing an approved English language test, unless you are exempted due to your nationality, education, or work history.
Health and Character
Must meet health and character requirements, which include undergoing medical examinations and obtaining police clearance certificates. You must also maintain adequate health insurance coverage for the duration of your stay in Australia to ensure they can cover any medical expenses that may arise.
Genuine Temporary Entrant
Demonstrate that you are a genuine temporary entrant with the intention to stay in Australia temporarily. This means proving that you plan to return to their home country after your visa expires and that your primary purpose in coming to Australia is to work in the nominated occupation, rather than to settle permanently.
Documents Required
Essential documents include:
Proof of English language skills.
Valid passport and change of name details.
Skill assessment or relevant qualification certificates.
Health insurance proof.
Character documents, including police certificates if required.
Visa Conditions
You must work exclusively in the nominated occupation and for the sponsoring employer or an associated entity, if applicable. You are permitted to travel to and from Australia as often as you wish during the visa's validity. Note that time spent outside Australia does not extend the visa's duration. You may include family members in your application. However, they must meet health and character requirements and comply with the visa conditions.
Application Stages
Applying for a Temporary Skill Shortage visa (Subclass 482) involves a three-step process. Each step requires a separate application to the Australian Government. These applications can be submitted simultaneously or sequentially, but all three must be approved for the visa to be granted:
Sponsorship Application: The employer submits an application to become an approved sponsor.
Nomination Application: The employer nominates a skilled position for the prospective employee.
Visa Application: The prospective employee submits their visa application.
Processing Times
Processing times vary and can be influenced by factors such as the completeness of your application and the time taken to conduct health, character, and national security checks. For an indication of current processing times, refer to the visa processing time guide tool.
Path to Permanent Residency
The 482 visa can lead you to permanent residency through the subclass 186 visa, provided you meet the criteria and are under 45 years of age at the time of lodging your permanent residency application. With these reforms, Australia has made it easier than ever for skilled workers to achieve their goal of permanent residency. If you are considering making Australia your home, now is an opportune time to explore the TSS visa and TRT stream pathways.
Frequently Asked Questions (FAQ)
Q1: Can I work for any employer in Australia?
- No, you must work only for your sponsoring employer or an associated entity of your employer.
Q2: What if my visa is about to expire?
- Your employer will need to submit a new nomination for you, and you must apply for a new visa.
Q3: How do I check my visa conditions?
- You can check your visa conditions and details through the Visa Entitlement Verification Online (VEVO) system.
Q4: What if I made a mistake on my visa application?
- If you realize that you have made a mistake on your visa application, you should inform the Department of Home Affairs as soon as possible. It's important to address any errors or changes in your situation promptly. Providing incorrect or misleading information can have serious consequences.
Q5: What if I have lost my job while on this visa?
- You have up to 180 days to find a new employer or make arrangements to leave Australia.
Q6: Can Hong Kong passport holders stay for longer under the Short and Medium-Term Stream?
- Yes, Hong Kong passport holders can stay in Australia for up to 5 years under the Short Term and Medium-Term Stream of the Temporary Skill Shortage visa (Subclass 482).
Please note that immigration regulations may change over time. To ensure you meet the current eligibility criteria and receive personalized guidance, we recommend consulting with Australian Portal Immigration. You can book your appointment here.
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