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February 2, 2024

Subclass 482 Visa Holder Advantages as of November 25, 2023:

The Australian Government’s legislative updates on November 25, 2023, have forged a path to permanent residency for numerous Subclass 482 visa holders. Additionally, many COVID-19 concessions for employer-sponsored and other visas have been rescinded.

Subclass 482 Temporary Skills Shortage (482) Visa:

The sole change is lifting restrictions on the number of short-term 482 visas while in Australia. Despite this positive amendment, the ‘Genuine Temporary Entrant’ criterion remains a consideration at each renewal.

Subclass 186 Employer Nomination Scheme (ENS) Visa:

Amendments to the Temporary Residence Transitional stream now encompass most 482 visa holders. Eligibility requirements include possessing a relevant ANZSCO occupation code, nominating a position within the same ANZSCO group, holding a 457/482 visa for two years, and working in the nominated role for two of the past three years on a full-time basis in Australia. Standard ENS criteria also apply, including age, English proficiency, salary, health, and character prerequisites.

Age Exemptions for Applicants over 45:

Exemptions for regional medical practitioners and high-income earners are now aligned with the 2-year transitional pathway. The ‘Legacy 457 worker’ group has until June 30, 2024, to apply for the transitional ENS visa if they are over 45 years old.

On-Hire Labour Agreement Workers:

There is no change for 482 visa holders under On-Hire Labour Agreements regarding meeting ENS requirements, as the need for the nominating business to employ the person directly persists.

No Changes:

No changes to the ENS Direct Entry pathway or the Subclass 494 Skilled Employer Sponsored Regional visa have been implemented. A substantial number of 482 visa holders are now likely eligible for ENS visas, prompting businesses to consider policies to support these applications.

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