• Insights

Australia: Rules Providing New Permanent Residence Pathways and Extended Visa Validities Forthcoming

November 30, 2021

insight-news-default

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

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 This includes legacy subclass 457 visa holders, that is, those granted visas under the now repealed subclass 457 visa program who no longer meet the maximum age limit of under 45 years.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
    • Temporary Graduate (subclass 485) visa holders who were unable to travel to Australia because of COVID-19 international border restrictions will be able to apply for a replacement visa.
    • The maximum period of the Temporary Graduate visa will be increased from two to three years for ‘Masters by coursework’ graduates, to align this with ‘Masters by research’ graduates. Vocational Education and Training sector graduates will also receive a two-year Temporary Graduate visa.
    • Existing measures for students and temporary graduates will be extended to recognize time spent offshore studying online to count toward qualifying for a Temporary Graduate visa.
    • Current and former Temporary Graduate (subclass 485) visa holders whose visas expired on or after February 1, 2020 will benefit from an opportunity to re-apply for a new subclass 485 visa of the same duration as their original visa.
    • New Temporary Graduate (subclass 485) visa applicants will benefit from a longer maximum visa duration upon approval. 

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].

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

The Compliance Risks of International Remote Working and Hush Trips

International remote working can offer valuable flexibility, but undisclosed “hush trips” may expose employers to immigration, social security, insurance, employment-law and tax risks that they cannot properly assess or manage.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger examines recent policy changes and litigation affecting the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence, and the considerations for US employers recruiting and retaining early-career international talent.

Learn more

Media mentions

The National Interest: How Boosting Your Privacy Will Make America More Secure

Managing Director, Digital Identity Amit Sharma explores how digital identity can strengthen privacy and security.

Learn more

Media mentions

CEDA: The Drive to Reduce Net Overseas Migration and the Challenges for Business

Managing Partner, Australia and New Zealand Teresa Liu discusses how Australia’s efforts to reduce net overseas migration are affecting businesses amid ongoing skilled workforce shortages.

Learn more

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

The Compliance Risks of International Remote Working and Hush Trips

International remote working can offer valuable flexibility, but undisclosed “hush trips” may expose employers to immigration, social security, insurance, employment-law and tax risks that they cannot properly assess or manage.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger examines recent policy changes and litigation affecting the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence, and the considerations for US employers recruiting and retaining early-career international talent.

Learn more

Media mentions

The National Interest: How Boosting Your Privacy Will Make America More Secure

Managing Director, Digital Identity Amit Sharma explores how digital identity can strengthen privacy and security.

Learn more

Media mentions

CEDA: The Drive to Reduce Net Overseas Migration and the Challenges for Business

Managing Partner, Australia and New Zealand Teresa Liu discusses how Australia’s efforts to reduce net overseas migration are affecting businesses amid ongoing skilled workforce shortages.

Learn more

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 22, 2026 | PanamaPanama: Qualified Investor Residence Program Revised Under New Decree
September 23, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
September 23, 2026 | South AfricaSouth Africa: New Law Would Increase Locals in Labor Market
September 22, 2026 | United StatesBloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope
September 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
September 22, 2026 | PanamaPanama: Qualified Investor Residence Program Revised Under New Decree
September 23, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
September 23, 2026 | South AfricaSouth Africa: New Law Would Increase Locals in Labor Market
September 22, 2026 | United StatesBloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope
September 22, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
September 22, 2026 | PanamaPanama: Qualified Investor Residence Program Revised Under New Decree
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.