The Department of Home Affairs has set 25 November 2023 for implementing changes to the employer-sponsored permanent residency program.
Once the ENS reforms have been implemented, short-term Temporary Skill Shortage (TSS) 482 visa holders will gain access to permanent residency under the 186 Temporary Residence Transition (TRT) stream of the ENS visa program.
These much anticipated reforms will mean:
These changes will reflect the Government’s commitment to strengthening Australia’s skills profile, addressing skills shortages across all industries, streamlining the skilled migration program, as well as remaining competitive on the international stage, and continued efforts to restore the economy to pre-pandemic times.
The new financial year of 2023-24 brings with itself significant updates that require your attention.
The Government has increased the Temporary Skilled Migration Income Threshold (TSMIT) from $53,900 to $70,000 from 1 July 2023.
Papua New Guinea (PNG) joins Work and Holiday (visa subclass 462) On 1 July 2023, PNG became the newest partner country to join the Working Holiday Maker (WHM) Program. The arrangement allows up to 100 PNG nationals to travel to Australia on a Work and Holiday (subclass 462) visa.
From 1 July 2023, the upper limit will increase to 35 years. From this date, UK passport holders can lodge an application for any Working Holiday (subclass 417) visa until midnight (Australian Eastern Standard Time) on the day before their 36th birthday.
Visa application charges (VACs) have increased in line with the 2023-24 forecast CPI. We have outlined the fees associated with the most frequently requested visa subclasses below:
Visa Type | Pre July fee | From 1 July 2023 |
Student and Guardian (Subclass 500 & 590) | $650 | $710 |
General Skilled Migration (Subclass 189, 190, 491, 494) | $4,240 | $4,640 |
Graduate Temporary Subclass 485 | $1,730 | $1,895 |
Partner (Subclass 300, 820/801, 309/100) | $8,085 | $8,850 |
Parent (Contributory) first instalment
The Second Visa Application charge for the Contributory Parent visa (143 visa) will remain the same |
$385 – $4,355 | $420 – $4,765 |
TSS – STSOL (Subclass 482) | $1,330 | $1,455 |
TSS – MLTSSL (Subclass 482) | $2,770 | $3,035 |
ENS/RSMS (Subclass 186, 187) | $4,240 | $4,640 |
Business Migration (Subclass 188A, 188B) | $6,270 | $9,450 |
Significant Investor Visa (SIV) (188C) | $9,195 | $13,860 |
Visitor Visa (Subclass 600) – applying onshore | $380 | $475 |
Citizenship Application (By Conferral) | $490 | $540 |
From 1 July 2023 New Zealand citizens who hold a non-protected Special Category Visa can apply for citizenship by conferral, subject to meeting other eligibility requirements. From 1 July 2023 changes to citizenship eligibility for some New Zealand citizens holding a Special Category (subclass 444) visa will apply.
From 1 July 2023, student visa holders can work no more than 48 hours a fortnight while studying. Student visa holders have no work restrictions when their course of study or training is not in session. This ensures that student visa holders are able to focus on obtaining a quality Australia education and qualification, while remaining able to gain valuable work experience, and contribute to Australia’s workforce needs.
If you meet the eligibility criteria, have completed a course from the approved list, and hold a valid Temporary Graduate visa (subclass 485) on 1 July 2023 – or apply for a Temporary Graduate visa before or after 1 July 2023 – your visa will be automatically extended by two years.
The duration of stay will increase from:
Graduate Work stream visa applications lodged from 1 July 2023 need a qualification relevant to an occupation on the
skilled occupation list. They also need a skills assessment in the nominated occupation.
The High Income Threshold under the Fair Work Act increased on 1 July 2023 to $167,500. Applicants relying on meeting this threshold for the 186 ENS visa age exemption must ensure that the relevant threshold is met for each of the three requisite years.
Will the current policy of allowing a person on a 2 year visa to apply for a subclass 186 TRT visa when they reach the 23 month mark, continue, so as to avoid the expense of applying for a new 482 visa?
Currently, to prevent inefficiencies resulting from the 457/TSS visa ceasing a few days short of a visa holder meeting the three year requirement and necessitating obtaining a further TSS visa to meet this requirement, DHA can consider applications where lodgement has occurred a few days prior to the three year date. A similar approach would apply when the eligibility period is reduced to two years.
When it is stated that the person must use the same ANZSCO code for the 186 TRT visa as they hold on the 482/457 visa, will this be the 4 digit or 6 digit ANZSCO?
The nominated occupation will need to have has the same 4-digit ANZSCO occupation unit group code as the occupation in relation to which the identified person’s most recently held Subclass 457 (Temporary Work (Skilled)) visa or Subclass 482 (Temporary Skill Shortage) visa was granted. This is an existing requirement and would not be changing. It works alongside the requirement for the 457/TSS holder to have been employed in the same position with the sponsoring employer (or employed in the occupation for medical practitioners and certain executives).
For applicants who have a 482 visa based on having an occupation with the code 070499, will they be able to use this code of a 186 TRT application even though it is not technically an ANZSCO code?
DHA are not currently planning on making changes to the requirement that the nominated occupation be listed in ANZSCO. This will mean those holding a TSS visa in relation to the labour agreement defined occupation code 070499 would not be eligible for the temporary residence transition stream. A pathway will continue to be available in the labour agreement stream of the ENS visa were permitted under the terms of the labour agreement.
The post 482 TSS and 186 ENS visa changes appeared first on Australian Migration Agents and Immigration Lawyers Melbourne | VisaEnvoy.
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