Australia: Further Details Released on Forthcoming Changes to Temporary Skill Shortage and Employer Nomination Scheme
November 7, 2023

The Department of Home Affairs announced further details of the expected changes to the Employer Nomination Scheme (ENS) and Temporary Skill Shortage (TSS) visa program, which are expected to take effect on November 25, 2023, subject to legislative approval. Specifically, visa holders will no longer be limited to submitting a maximum of two short-term TSS extension applications if they file on or after November 25, 2023. However, it is currently unknown if these unlimited applications will affect applicants trying to show that they are only entering Australia as a “genuine temporary entrant”, which is required for this category, as this requirement has not yet been removed by the government. Short-term TSS visa holders with visas expiring before the changes are implemented will still need to lodge their third short-term TSS visa from outside of Australia. There are also a number of changes to the requirements for the Temporary Residence Transition (TRT) stream of the ENS program which will apply to new ENS applications submitted on or after November 25, 2023, as well as those pending finalization on this date. For example, beginning November 25, 2023, employers will be able to nominate holders of TSS visa streams for employer-sponsored permanent residence, including the short-term and Labor Agreement streams, as long as the 457 or TSS visa holder has worked for their employer for two out of the last three years in their nominated occupation. Previously, they must have worked for their employer three out of the last four years in their nominated occupation. Additionally, nominated occupations will no longer be assessed against the skilled occupation list, whereas previously, only applicants in nominated occupations under the medium/long-term list were able to apply for an ENS visa under the TRT stream, among other minor exceptions. Instead, the nominated occupation only needs to be listed in the Australian and New Zealand Standard Classification of Occupations dictionary. Moreover, regional medical practitioners and high-income earning applicants aged 45 and over will be able to access age exemption provisions after two years, down from three years. These changes are intended to provide more certainty to employers and more equitable access to permanent residency for all TSS visa holders.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen

Media mentions
Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Media mentions
Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Fragomen news
Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Media mentions
Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

Awards
Fragomen has been recognized in the 2026 edition of The Best Law Firms™ in Germany, earning a Regional Tier 1 ranking in Hessen for Labor and Employment Law.

Media mentions
Partner Shayan Sultan discusses a rise in inquiries about UAE residency and remote work programmes amid global talent mobility trends.

Media mentions
Partner Rajiv Naik, Senior Manager Thomas Kingsmill and Manager Ko Ito highlight rising UK sponsor licence revocations and how HR and mobility leaders can manage the impact.

Media mentions
Partner Bo Cooper discusses the $100,000 H-1B fee and its impact on financial, banking and technology firms relying on international talent.

Media mentions

Media mentions
Partner Audrea Golding explains how the $100,000 H-1B fee could affect hiring across the tech industry.

Blog post
Immigration Supervisor Nathalie Pimenta and Immigration Programme Manager Frida Sakaj discuss the importance of planning visa applications and document services early to avoid delays and ensure compliance with UK regulations.

Media mentions
Partner Bo Cooper explains how proposed H-1B fee and lottery changes impact hiring of skilled international talent across sectors.

Media mentions
Partner Haider Hussain underlines the role of talent mobility in shaping future growth sectors in the Kingdom.

Fragomen news
Fragomen is recognised by the Financial Times for its innovative work in workforce mobility and cross-sector collaboration.

Media mentions
Partner Daniel Brown outlines steps companies can take to support employees and maintain smooth operations during compliance-related situations.

Awards
Fragomen has been recognized in the 2026 edition of The Best Law Firms™ in Germany, earning a Regional Tier 1 ranking in Hessen for Labor and Employment Law.

Media mentions
Partner Shayan Sultan discusses a rise in inquiries about UAE residency and remote work programmes amid global talent mobility trends.

Media mentions
Partner Rajiv Naik, Senior Manager Thomas Kingsmill and Manager Ko Ito highlight rising UK sponsor licence revocations and how HR and mobility leaders can manage the impact.

Media mentions
Partner Bo Cooper discusses the $100,000 H-1B fee and its impact on financial, banking and technology firms relying on international talent.

Media mentions

Media mentions
Partner Audrea Golding explains how the $100,000 H-1B fee could affect hiring across the tech industry.

Blog post
Immigration Supervisor Nathalie Pimenta and Immigration Programme Manager Frida Sakaj discuss the importance of planning visa applications and document services early to avoid delays and ensure compliance with UK regulations.