MB Lawyers

November 6 2023:
Alert: All short-term 482 Visa applications can be lodged in Australia

Removing the limits for onshore Short-Term (STOSL) occupations.

The Government plans to remove the limits on how many times a visa holder can lodge a short-term work visa (SC 482), from within the Australian migration zone.

These changes specifically benefit:

  • Employers sponsoring #SC482 (#tss) visa holders; and/or
  • SC #482 (tss) visa holders sponsored by an employer in a #STOSL occupation.

These changes, when in effect, will resonate particularly with the following skilled workers and employers who have had to manage the limitations:

Bakers, advertising, sales, marketing, ICT project managers, ICT Support, engineers, technicians, draftspersons, machine mechanic, butcher/smallgoods maker, restaurant manager, cook, counselor, dental technician, enrolled nurse/nurse manager, finance specialist, gardener, hairdresser, hospital/industrial/retail pharmacist, HR Manager/ Recruitment Consultant, BDM, life scientist, fitters and machinists, teachers, quality assurance. There are more!

These changes are a first step to provide more equitable access to PR for all TSS visa holders while the government
continues work on reforms to the skilled visa programs following the development of the Outline of the Migration
Strategy and in response to the Review of the Migration System 2023.

Department of Home Affairs, Fact Sheet “Expanding Employer Sponsored Pathways to Permanent Residence (PR) | Last modified 1 November 2023”

The Changes

The changes specifically refer to the Schedule 1 criteria for a valid SC 482 visa in the short-term stream.

Current law requires applicants to:

  • be offshore, where they intend to lodge their 3rd TSS visa in a STOSL occupation.

Proposed new laws will remove this limitation so that :

  • Applicants who wish to lodge a third or more Short-term stream TSS visa can do so from onshore

The change, when in effect, will benefit hundreds of temporary workers already in Australia, and their employers.

When will the new laws come into effect?

The Government has flagged 25 Nov 2023 to be the date when these changes come into effect.

Visa Applicants however are advised to monitor this date, as it may change.

Visa Applicants who hold Short Term Stream TSS visas are required to comply with current laws, until the law changes are in effect. Therefore those visa holders whose visas are expiring before the law change, wishing to lodge their 3rd TSS application in a STOSL occupation, will need to be outside at time of lodgment (offshore) .

We specialise in Employer Sponsored Visas, including assisting employers and employees with the SC 186 Visa Applications. Contact us.

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