Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 dated 23 November 2023 amends the Migration Regulations 1994 to expand pathways to permanent residence for TRT stream SC 482 and 457 skilled workers.
The amendments expand access to the Temporary Residence Transition (TRT) stream in the Subclass 186 visa and Subclass 187 visa for all holders of SC 482 and SC 457 visas, irrespective of the stream in which their visa is held. It also reduces the length of TRT eligibility period for the approval of nomination from three out of four years to two out of three years.
Moreover, the occupation identified in the nomination for the TRT stream is no longer required to be listed on the Medium and Long-term Strategic Skills List or the Regional Occupation List. This change enables employers to sponsor workers in a wider range of occupations on a permanent basis, helping to retain staff and alleviate skills shortages. It will also ensure that pathway to permanent residency for subclass 482 visa holders will not be lost if their occupation is removed from the relevant occupation list.
In addition, the instrument extends the permission to allow all employers including parties to a work agreement who sponsored a worker under a labour agreement, to make a nomination under the TRT stream.
Also, the Regulations remove the limit on the number of Subclass 482 visa applications in the Short‑term stream that can be made in Australia. The previous requirement that an applicant must be offshore for their third or subsequent 482 visa has now been repealed to reflect the decision that all streams of the Subclass 482 visa will have a pathway to permanent residence. Considering the changes, there is no need for preventing the making of multiple applications for the Subclass 482 visa in the Short-term stream in Australia.
The instrument is registered on the Federal Register of Legislation on 24 November 2023 and commenced on 25 November 2023. It is currently in force.
To access the instrument, click here.
