Australia: Rules Providing New Permanent Residence Pathways and Extended Visa Validities Forthcoming
November 30, 2021
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At a Glance
The Australian government will be introducing rules that will result in new permanent residence visa pathways and extended visa validities for certain visa holders currently in Australia. Although there is no effective date yet, the changes will include:
- Certain Temporary Skill Shortage (TSS) and Temporary Work (Subclass 457) visa holders working in Australia will have a new pathway to permanent residence under the Employer Nomination Scheme (subclass 186) visa program, where they currently have none;
- Certain Provisional visa holders will be granted extended visa validities and additional time to meet regional work experience requirements for permanent residence applications; and
- Certain Student visa holders and applicants will be granted extended post-study work rights and visa validities.
The situation
The Australian government announced that certain Temporary Skill Shortage (TSS) and Temporary Work (subclass 457) visa holders currently working in Australia will be given a further pathway to permanent residence under the Employer Nomination Scheme (subclass 186) visa program and certain Provisional and Student visa holders will be given extended visa validities.
A closer look
| CHANGE | DETAILS | IMPACT |
| New pathway to permanent residence for certain TSS and subclass 457 visa holders | Existing TSS and subclass 457 visa holders granted in ‘Short-term’ stream occupations who have remained in Australia during the pandemic will be eligible to apply for an Employer Nomination Scheme (subclass 1867) visa. This includes legacy subclass 457 visa holders, that is, those granted visas under the now repealed subclass 457 visa program who no longer meet the maximum age limit of under 45 years. | Eligible visa holders will benefit from a new pathway to permanent residence where they currently have none and a relaxation of the maximum age requirements. |
| Extension of visa validities and application deadlines for certain permanent residence applicants | Certain Skilled Regional (provisional) visa holders (subclass 489, 491 and 494) who are required to live and work in a prescribed regional area in Australia for at least three years will be given extended visa validities and additional time to meet regional work experience requirements for permanent residence. | Applicants will benefit from an extended visa validity and grace period to fulfill permanent residence requirements that they were prevented from fulfilling because of border restrictions that limited re-entry into Australia during the pandemic. |
| Extended post-study work rights and visa validity for international students |
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Background
- Retention of eligible skilled workers. The changes are in line with the government’s aim of retaining eligible skilled workers already in Australia, as they continue to support local businesses facing critical shortages, particularly in the health, hospitality and other critical sectors.
- Fragomen’s submissions. The changes are in line with the Joint Standing Committee on Migration’s final report on the Inquiry into Australia's skilled migration program, which included the recommendations that all employer nominated visas, including TSS visas granted in the ‘short-term’ stream, should provide the option of a pathway to permanent residence. Fragomen provided detailed submissions to the Inquiry and was invited to provide formal evidence at the public hearings in June 2021.
Looking ahead
It is likely that the Australian government will limit the new arrangements to targeted sectors first as the government aims to jumpstart the country’s economy by supporting local businesses and critical industries.
The government is expected to announce the effective date of the changes soon; we will report on related developments.
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].
