Expansion of Pathway to Permanent Residency for Subclass 482 Visa Holders
In May 2023, the Federal Government announced that by the end of the year, all subclass 482 visa holders would have a pathway to permanent residency – not just those sponsored in respect of medium-term occupations. This is so as to combat the ‘temporariness’ created by the current scheme, whereby those sponsored in respect of short-term occupations could obtain a subclass 482 visa for 2 years, with only one onshore renewal permitted (a maximum total stay of 4 years), but did not have a pathway to permanent residency.
The proposed changes were as follows:
To create a pathway to permanent residency for all subclass 482 visa holders, regardless of which occupation they are nominated in.
To reduce the period of time the 482 holder must be employed in their nominated position from 3 years, to just 2 years.
To remove the limit on onshore renewals for short-term 482 visas.
The Government have now announced that the implementation date for these changes will be 25 November 2023.
From this date, all 482 visa holders who have been employed with their sponsoring employer on their 482 visa for at least 2 years should be eligible to apply for permanent residency under the subclass 186 TRT scheme (assuming the other ordinary requirements of this visa scheme can be met). This is regardless of whether they are employed in a medium-term occupation, a short-term occupation, a regional occupation, or even under an occupation determined through a Labour Agreement.
This change will also apply to those who are seeking an exemption to the age requirement (45 years of age or older) on the basis of being a high-income earner or a regional medical practitioner – those applicants will also be able to apply for the subclass 186 after 2 years employment on the 482.
The Government have also advised that from 25 November, there will be no limit on onshore 482 renewals for those employed in respect of short-term occupations.
Interestingly, the Government have advised that the changes to the subclass 186 TRT requirements will apply not only to new 186 applications lodged on or after 25 November 2023, but also to 186 applications that are still pending on 25 November 2023. As such, any 186 applications that are pending on this date will be assessed against the new criteria – that is, having been employed for at least 2 years on the 482 visa.
These changes are significant as they provide a more equitable scheme for sponsored visa holders, diminish the temporariness that has been created by the current scheme, and provide employers and applicants with more certainty in terms of future planning. Such changes are critical to ensuring that Australia is able to attract and retain the talent that it needs to grow as a nation.
Should you wish to contact us (either as an applicant, or as an employer) in relation to these changes due to come into effect from 25 November, please reach out to our Senior Associates, Sean Loughland (sean@integratelegal.com) or Jeffrey Bennett (jeffrey@integratelegal.com) and we will be pleased to assist and advise.
