Australia: Employer-Sponsored Permanent Residency Reforms Implementation Date, Migration Strategy Plans Announced

The Department of Home Affairs has announced that the proposed expansion of the Employer Nomination Scheme (ENS) subclass 186 visa program will occur on November 25, 2023. The reforms are part of the government’s long-term strategy to strengthen the skilled migration program. Once the reforms have been implemented, short-term Temporary Skill Shortage visa holders will gain access to permanent residency under the Temporary Residence Transition (TRT) stream of the ENS visa program; and eligible occupations will no longer be limited to the Medium and Long-term Strategic Skills list. To qualify for permanent residence under the TRT stream, applicants must continue to work in the nominated occupation specified on their TSS visa and must demonstrate a period of employment for two years with the sponsoring employer (to be reduced from three years), among other criteria. The ENS reforms will result in a significant increase to those visa holders eligible to apply for employer-sponsored permanent residence. Additionally, Fragomen expects the government’s new Migration Strategy – which will outline Australia’s new temporary skilled migration system and define the pathways for temporary skilled workers, among other improvements to immigration programs – to be released in early December 2023. We will report on it upon its release.