Employer Nomination Scheme and Subclass 186 permanent residence visa – eligibility updates
Further to the introduction of the Skills in Demand (SID) visa over the weekend, the Department has also made some positive and long overdue updates to the Employer Nomination Scheme and Subclass 186 permanent residence visa, with amendments being made to both the Direct Entry and Temporary Residence Transition streams.
These are most welcome changes, providing pathways to permanent residence for Subclass 482 visas, whether the visas have been granted under the TSS or SID frameworks.
Providing a streamlined pathway to permanent residence was a number of core focus areas for the current Government initially announced in 2013, when it was recognized that the previous visa framework had created a high-volume cohort of “permanent temporary residents”.
These long awaited changes means sponsored, skilled temporary visa holders have a faster and smoother pathway to permanent residence. Here is a summary of what you need to know.
Key changes – Temporary Residence Transition Stream
- Two years’ employment requirement – the amendment to the qualifying work experience requirement now allows all full time sponsored employment undertaken in Australia to count towards the TRT stream. Previously the requirement was that a subclass 482 visa holder must have worked in their position for the same nominating employer for at least two years in the three years prior to application lodgement. This is a longer overdue and very welcome change.
- The amendment of this criteria now means that a subclass 482 visa holder can rely on all full time sponsored work experience undertaken in Australia to make up that two years. This effectively means that a 482 visa holder’s eligibility for the 186 TRT stream will no longer ‘re-start’ if they change employer. Existing flexibility around work experience for specific occupations such as medical practitioners and certain high level executives remain the same.
- References to the Temporary Skills Migration Income Threshold (TSMIT) have been replaced with the Core Skills Income Stream (CSIT). The CSIT is currently set at $73,150 and will be indexed annually and applies to both the TRT and Direct Entry (DE) streams.
- Age – Unfortunately for some the age criteria has not changed with the cut off age still being 45 years under both streams. The Fair Work High Income Threshold will continue to be available under the Temporary Residence Transition Stream only, there are no age exemptions under the DE stream.
Key changes – Direct Entry stream
- The Core Skills Occupation List (CSOL) will apply to this permanent visa stream and will replace the MLTSSL. This change will provide access to the Direct Entry Stream for individuals whose occupations were previously on the STSOL, but only in cases where they have been granted an SID visa on or after 7 December.
- The core skills income threshold (CSIT) of $73,150 will also apply – there is no practical change to the income threshold.
Takeaway
While the changes are not high in volume, they are impactful and provide a much faster and more streamlined pathway to permanent residence for sponsored 482 visa holders.
If you would like to find out how these changes may benefit your business and employees, please reach out. We are here to guide you through the process.