482 Visa to PR (Permanent Residency) Update staff or worker visa Starts 25 November 23
The Australian Government has announced changes to the Employer Nomination Scheme (ENS)(subclass 186) visa program will be introduced, with the reforms having the effect of broadening the permanent residency program and enabling Temporary Skill Shortage (TSS)(subclass 482) visa holders to apply for employer sponsored permanent residency earlier. A pathway to permanent residency will be introduced to allow those with occupations on the Short Term Occupation List to be eligible to apply for an ENS subclass 186 visa.
What are the reforms being implemented on 25 November 2023?
The significant reforms intended to be implemented by the Australian Department of Home Affairs (DHA) include the following:
- All Temporary Skill Shortage (TSS)(subclass 482) visa holders will be eligible to apply for permanent residency through the ENS (subclass 186) visa program- Temporary Residence Transition stream, provided they meet the requirements of this visa.
- As with the current ENS subclass 186 visa requirements, TSS subclass 482 visa holders will need to continue to work in the occupation nominated as was allocated for their TSS subclass 482 visa.
- TSS subclass 482 visa holders will be eligible to apply for employer sponsored permanent residency through the ENS subclass 186 visa program after two years. This has been reduced from the current three year requirement.
- The current limit on TSS subclass 482 visa holders with occupations on the Short Term Occupation List that can be made onshore in Australia will be removed.
How will the reforms benefit employers?
For companies sponsoring skilled overseas workers through the TSS subclass 482 visa program, currently the process of selecting the ‘nominated occupation’ for a candidate can be difficult if the employer requires a long-term arrangement and the candidate’s occupation is on the Short-Term Occupation List.
The proposed 25 November 2023 reforms will open up a pathway for permanent residency through the ENS subclass 186 visa program to all TSS subclass 482 visa holders, including visa holders with an occupation on the Short Term Occupation List. This will enable employers to have the option of retaining their skilled overseas staff on a long-term basis, regardless of their occupation.
Current Law – But change is acomin’
Administrative Appeals Tribunal – ENS Visa refusal – GTE – genuine temporary entrant
Big win – Best Immigration Lawyer !
A client retain us before Covid-19 hit, her application for an ENS, employer nominated visa, was handled – as is often the case poorly by a migration agent that did not have an understanding of RSMS visas or sufficient knowledge of sponsored visas generally. Consequently the visa was refused.
The ENS and RSMS program consists of employer sponsored visas for skilled foreign workers in certain occupations. The 186 and 187 visas are both permanent resident visas, and eligibility is dependent on a number of factors including the occupation, age, or salary of the candidate.
AR LAW SERVICES: Master Migration & Regulatory Lawyers has for more than 20 years been helping individuals and businesses win and keep visas so they can call Australia home. We are the “go to” law firm for VISAS – we represent business from across industries including hospitals & health, digi-tech start-up firms, engineering companies and restaurants. Additionally, we represent many migration agents with complex visa cases, particularly AAT and Federal Court Appeals, not only this, we – given our 20 plus years – can offer business a cost effective solution to securing visas for staff, that is, overseas workers.
Recent Complex ENS appeal case we won:
A major Australian sport association retain AR LAW Services. Master Migration Lawyers to manage a review at the Administrative Appeals Tribunal (AAT) due to their Nomination for a “work visa” (457 & ENS visa) for their head coach had been refused.
As often is the story, the application had been poorly managed by a migration agent rather than a immigration lawyer, and the result – rather predictably was – the application failed. (What is really disappointing is they are are very big and established migration agency – its like I have been saying for years – don’t risk your visa, your money or your future with a dodgy migration agent: trust only an immigration lawyer
Given the application had been so badly managed AR LAW Services: Master Migration Lawyers had to “build” the entire submission including a series of reports as to “genuine” position: Market rate and a full suite of tax and training documentation. This cost the client a great deal of unnecessary expense. If only he had had gone to an Immigration lawyer first think of the money he could have saved.
It was a long and difficult reconstruction however after a day at the tribunal AR LAW Services won the case.
We also specialize in work visas – 482 visa:
Temporary Skill Shortage Visa (TSS Visa) Subclass 482
Visa that allows overseas staff or workers to live and work in Australia:
Temporary Skill Shortage Visa
is a temporary visa which permits the holder to live in Australia, while working full-time for the sponsoring employer, in the nominated position. Applicants for a TSS visa may include dependent family members in their application.
And Remember – if you are in this position because of your agent…
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
