Hammond Migration

 

Migration Strategy Reform Package

The Migration Strategy released on 11 December 2023 is old news now, but as time passes the government is starting to implement its recommendations. The Migration Strategy provides a roadmap for the future reform of Australia’s migration system and covers all areas of the Skilled migration program; including Student, Employer Sponsored, Business and Investment, Global Talent and Skilled Migration visas.

Expanded pathway to PR for all 482 – TSS visa holders

The most impactful change of the last 6 months was the re-introduction of the pathway to the Subclass 186 – Employer Nomination Scheme (Temporary Residence Transition stream) visa (‘186 – ENS (TRT)’) to all Subclass 482 – Temporary Skills Shortage (‘482 – TSS)’ visa holders. Previously, only 482 – TSS visa holders in the Medium-Term stream could apply for the 186 – ENS (TRT).

Processing times for the 186 – ENS (TRT) visa have been quick; with decisions being made in 2-4 weeks in many cases.

Reduction in employment period for 186 – ENS (TRT) from 3 to 2 years

In addition to the expanded pathway, the length of time that a 482 – TSS visa holder needs to work for their sponsor is now 2 years, down from 3 year. This change allows eligible 482 – TSS visa holders to transition to a permanent visa sooner.

For visa holders with a 2-year visa, there may be scope to lodge a little earlier than the 2 years, but please discuss with us as there are several restrictions on this option. Age exemption employment periods have also been reduced from 3 to 2 years.

The new pathway potentially opens up a transition option for 482 – TSS visa holders in the Labour Agreement/DAMA streams if a permanent pathway is not available under the Labour Agreement and if 482 – TSS visa holders meet the standard stream criteria.

Introduction of new 482 – TSS visa

A key part of the Migration Strategy is the introduction of a new temporary work visa to replace the 482 – TSS visa, to be known as the Skills In Demand (SID) visa. The SID visa is expected to have three tiers/pathways as follows:

1. Specialist Skills pathway for professional and management occupations with salary over $135,000 + super. Expected to have an open list, but will exclude trades, machinery operators, drivers and labourers

2. Core Skills pathway for occupations on a list with salary in the $70 – 135,000 + super range. This pathway is likely to most resemble the current 482 – TSS visa.

3. Skills in Demand pathway for occupations on a list with salary under $70,000 + super. Expected to include occupations such as Aged, Disability and Child carer

Jobs & Skills Australia occupation list review

Jobs & Skills Australia (JSA) have been tasked to undertake an occupation list review to determine which occupations will be on the list for the Core Skills pathway. The three draft lists are available here and include occupations that JSA:

1. Are confident will be eligible (the ‘yes’ list)

2. Are not sure will be eligible, and are seeking industry and community feedback (the ‘maybe’ list)

3. Are confident will not be eligible, but are still seeking industry and community feedback (the ‘no’ list)

Notable inclusions on the ‘maybe’ list include Chefs, Cooks, Accountants & Auditors, Data Analysts/Scientists, Management Consultants, Marketing Specialists, many types of engineer, Motor Mechanic, ICT Business & Systems Analysts, many types of Scientist, Carpenter, Painter and other trades.

JSA are calling for submissions until 31 May 2024 from employers and industry after which they will make a recommendation to the Department of Home Affairs for the final composition of the list.

What is the likely impact on existing 482 – TSS visa holders?

Visa holders who are sponsored in occupations that are removed from the list are unlikely to be able to renew their 482 – TSS visas, unless transitional arrangements are implemented to preserve their entitlement to renew.

We do not expect that the pathway to permanent residence under the 186 – ENS (TRT), re-introduced on 25 November 2023, will be impacted. As such, we consider it likely that this pathway will remain after the implementation of the SID visa and new lists. The Department is also considering making it simpler for visa holders to satisfy this path, allowing multiple employers across the 2 years and a period of 180 days to change employers (increased from 60 days).

The Subclass 186 – Employer Nomination Scheme (Direct Entry) visa, which is presently limited to occupations on the Medium-Term list, is likely to affected by the changes. We expect that this visa may have a new eligible occupations list, or may be removed altogether, leaving only the 186 – ENS (TRT) pathway.

No formal announcement has been made on the above.

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