New Pathways to Permanent Residence for TSS Visa Holders in Australia

The Hon Clare O’Neil MP, the Minister for Home Affairs, recently announced significant changes to the Australian migration laws for skilled visa holders. These changes are aimed at providing more equitable access to permanent residence for temporary skilled sponsored workers and more certainty to visa holders and their employers about the available pathways. The changes include an increase in the Temporary Skilled Migration Income Threshold (TSMIT) and expanded pathways to permanent residence for employer-sponsored temporary skilled visa holders.

Starting from 1 July 2023, the TSMIT will increase from $53,900 to $70,000. This change means that new nomination applications after this date will need to meet the new TSMIT of $70,000 or the annual market salary rate, whichever is higher. However, existing visa holders and approved nominations lodged before 1 July 2023 will not be affected by this change.

Moreover, by the end of 2023, the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (subclass 186) visa will be available to all Temporary Skill Shortage (TSS) visa holders whose employers wish to sponsor them. Applicants will need to continue working in the occupation nominated for their TSS visa(s) but will not be limited to the Medium and Long-term Strategic Skills List (MLTSSL). The eligibility for the TRT stream will be reduced from three years to two years of employment with the sponsoring employer. Applicants will need to meet all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa.

Additionally, the Government is removing limits on the number of Short-term stream TSS visa applications that visa holders can make in Australia. This is an interim measure to assist those currently onshore who would normally need to go offshore to make further visa applications.

These changes are a result of the Government’s commitment at the Jobs and Skills Summit in September 2022 to expand pathways to permanent residence for temporary skilled sponsored workers. The changes will provide more equitable access to permanent residence and alleviate skills shortages by ensuring a permanent employer-sponsored pathway is available for a wider range of occupations.

The changes to the Australian migration laws for skilled visa holders are significant as they provide a positive outlook for temporary skilled sponsored workers. These changes not only expand the pathways to permanent residence, but also ensure that the process is fair and transparent for both the visa holder and their employer. This is a great step towards creating a more sustainable and diverse workforce in Australia, and the new pathways will help alleviate skills shortages in various industries.

When it comes to navigating the complex Australian migration system, having the assistance of NB Migration Law can be an invaluable resource. With our extensive expertise in Australian migration law, applicants can feel confident that they are following the correct procedures and have the best chance of success in their visa applications.

Whether you have questions about the recent changes to Australian migration laws for skilled visa holders or need further information, NB Migration Law's team of experienced migration lawyers can provide expert advice and assistance