• 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 This includes legacy subclass 457 visa holders, that is, those granted visas under the now repealed subclass 457 visa program who no longer meet the maximum age limit of under 45 years.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

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A More Purposeful UK Immigration System: What Expanded Access to the Global Talent Visa Means for UK Immigration Policy

In our latest blog, UK Government Affairs Strategy Lead @Shuyeb Muquit examines the expanded access to the Global Talent visa and what it signals about the direction of UK immigration policy

Learn more

Video

Polish Citizenship by Descent: Do You Qualify?

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek discuss how Polish citizenship by descent works, who may qualify, the documentation typically required and common eligibility challenges.

Learn more

Media mentions

Times of India: Trump Admin Restores USCIS Power to Deny Immigration Requests Outright Without Seeking More Proof

Senior Counsel Mitch Wexler discusses USCIS’ restored authority to deny certain immigration benefit requests without first issuing a Request for Evidence and the importance of complete initial filings.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A More Purposeful UK Immigration System: What Expanded Access to the Global Talent Visa Means for UK Immigration Policy

In our latest blog, UK Government Affairs Strategy Lead @Shuyeb Muquit examines the expanded access to the Global Talent visa and what it signals about the direction of UK immigration policy

Learn more

Video

Polish Citizenship by Descent: Do You Qualify?

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek discuss how Polish citizenship by descent works, who may qualify, the documentation typically required and common eligibility challenges.

Learn more

Media mentions

Times of India: Trump Admin Restores USCIS Power to Deny Immigration Requests Outright Without Seeking More Proof

Senior Counsel Mitch Wexler discusses USCIS’ restored authority to deny certain immigration benefit requests without first issuing a Request for Evidence and the importance of complete initial filings.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

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 InsightsVietnamese ImmigrationView 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
  • Vietnamese Immigration
  • 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
August 12, 2026 | KazakhstanKazakhstan: 2027 Work Permit Applications Being Accepted
August 13, 2026 | PolandPoland: Work Rights Removed for Certain Visa-Free-Entrants
August 13, 2026 | United StatesUnited States: BIA Ruling Means Travel on Advance Parole Can Trigger Admissibility Bar for Certain Foreign Nationals Who Have Been Unlawfully Present
August 13, 2026 | United StatesUnited States: USCIS Extends Certain El Salvador TPS EADs Through September 9
August 12, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 12, 2026 | KazakhstanKazakhstan: 2027 Work Permit Applications Being Accepted
August 13, 2026 | PolandPoland: Work Rights Removed for Certain Visa-Free-Entrants
August 13, 2026 | United StatesUnited States: BIA Ruling Means Travel on Advance Parole Can Trigger Admissibility Bar for Certain Foreign Nationals Who Have Been Unlawfully Present
August 13, 2026 | United StatesUnited States: USCIS Extends Certain El Salvador TPS EADs Through September 9
August 12, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 12, 2026 | KazakhstanKazakhstan: 2027 Work Permit Applications Being Accepted
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.