MB Lawyers

October 30 2023:
Alert: More 482 Visa holders to access PR via 186 TRT Stream

Expanding Employer Sponsored Pathways to Permanent Residence (PR)

The Government plans to roll out the  Permanent Residence law changes to the Employer Nomination Scheme (Temporary Transition Stream) (SC 186), imminently, and as early as 25 Nov 2023.

These changes specifically benefit:

  • Employers sponsoring #SC482 (#tss) visa holders; and/or
  • SC #482 (tss) visa holders sponsored by an employer as the main visa holder.

Employers nominating permanent residency applications gain a competitive advantage in retaining talent compared to those that don’t.

The Changes

The changes specifically refer to the eligibility criteria for the SC 186 visa.

Current law requires applicants to:

  • Hold a SC 482 (as the primary visa holder) in an occupation listed on the MLTSSL (MLTSSL occupation); those who hold a SC 482 in the STOSL occupation or other lists are not eligible; and
  • Have worked with their sponsoring employer, in the occupation, for at least 3 of 4 years prior to application; and
  • Other eligibility criteria.

Proposed new laws will require applicants to :

  • Hold a SC 482 (as the primary visa holder) in an occupation listed on their 482 visa; and
  • Have worked with their sponsoring employer, in the occupation, for at least 2 of 3 years prior to application; and
  • Other eligibility criteria.

The change, when in effect, will benefit hundreds of temporary workers already in Australia, and their employers. The proposed laws are in essence, reversing the 2017 laws that introduced the limitations and extended times, to PR eligibility. When the new laws are in place, it will take us back to pre-2017 laws, allowing both employers and their sponsored employees to plan with certainty and retain talent in Australia.

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

Updated 8 Nov 2023. This Article may be updated until the legislation is released by the Government, on or after 25 Nov 2023.

Many of these people wish to make Australia home but too often face tangled and
lengthy pathways
to permanent residence. They deserve clarity about their
opportunities to remain. It is not in Australia’s national interest to maintain a large
proportion of temporary entrants with no pathway to citizenship as it undermines
our democratic resilience and social cohesion.

Review of the Migration System Final Report to the Government on 21 March 2023, page 2.
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