Australia's Subclass 482 Visa: Recent Legislative Shifts

Amisha Kumari

Updated On Nov 28, 2023

Australia's Subclass 482 Visa: Recent Legislative Shifts

The recent legislative alterations from the Australian Government, implemented on November 25, 2023, have solidified a route to permanent residency for numerous individuals holding Subclass 482 visas. Additionally, the Government has eliminated several COVID-19 concessions from various visas like those sponsored by employers, family, and for graduates. Let's delve into the significant modifications that are currently active.

The Australian Government just made important changes on November 25, 2023, affecting different visa holders. Good news for the Subclass 482 visa holders as they can now apply for unlimited short-term visas while in Australia. But they still need to prove their stay is temporary when they renew the visa. Let's see what's different and how it affects things for you

Subclass 482 Temporary Skills Shortage (482) Visa: Removal of Limitations

The visa category now lets you apply for as many short-term visas as you want while you’re in Australia. But even though this change is good, you still need to prove you're here temporarily every time you renew the visa.

Subclass 186 Employer Nomination Scheme (ENS) Visa: Transitional Stream Amendments

The Subclass 186 Employer Nomination Scheme (ENS) visa has been updated to let more 482 visa holders join. Now, those with short-term, medium-term, and labour agreement 482 visas can apply for an ENS transition stream visa if they:

Have an occupation code listed in ANZSCO (except for 070499, unless there's a special 186 pathway in the Labour Agreement).
Choose a job in the same group as their 482 visa occupation.
Have held a 457/482 visa for at least 2 years.
Worked in their nominated position for 2 out of the last 3 years (full-time in Australia, not counting unpaid leave).

Other ENS rules stay the same, like the age limit (usually under 45), needing good English, a set salary, and meeting health and character standards.

ENS Requirements and Age Exemptions

Remaining ENS (Employer Nominated Scheme) criteria stay unaltered, necessitating compliance with age limits, English proficiency, salary thresholds, and health and character prerequisites. However, exemptions for applicants over 45 years old, tied to specific professions or income brackets, now align with the 2-year transitional pathway.

On-Hire Labour Agreement Workers and ENS Ineligibility

Workers holding 482 visas under On-Hire Labour Agreements usually couldn't meet the requirements for another visa because the business nominating them had to prove they were directly needed by that business. Even with the new pathway, this rule has stayed the same.

Conclusion of 482 COVID-19 Concessions

The special help for 482 visa holders affected by COVID-related job issues has ended. Also, the time with special COVID rules that started on February 1, 2020, finished on November 25, 2023. This change affects different visa applicants:

Graduates and skilled regional visa applicants (Subclass 485 and Subclass 887) need to be in Australia when they apply, but can be inside or outside when they get the visa.
Subclass 887 applicants who relied on job concessions have to apply before February 25, 2024.
People applying for the Contributory Parent visa (Subclass 143) need to be outside Australia when they get the visa.
Partner visa applicants (Subclass 309 and Subclass 820) can be in or outside Australia when they get the visa.

Immigration Insights and Future Considerations

The ENS Direct Entry path and the Subclass 494 Skilled Employer Sponsored Regional visa haven't been altered. More than 482 visa holders might now qualify for ENS visas, so businesses might consider making plans to support these applications, maybe by sharing the costs.

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FAQs

Q1: What are the most recent alterations in Australia's immigration for 2023?

Regarding Immigration Programs, the Australian Government declared the discontinuation of the Pandemic Event visa in August 2023, slated for closure by February 2024. Additionally, in May 2023, the Australian Government revealed the introduction of the Aged Care Industry Labour Agreement.

Q2: What modifications have occurred to the TSS visa in 2023?

The alterations involve eliminating the restriction on renewals within the TSS short-term stream while in Australia. Effective from November 25, 2023, all applications for short-term stream TSS visas can be submitted within Australia. Consequently, the limitations previously imposed on the number of short-term TSS applications that visa holders could make within Australia will essentially be lifted.

Q3: Has there been an update to the 482 visa in 2023?

Regarding the Temporary Skill Shortage (subclass 482) visa, starting November 25, 2023, the Government aims to eliminate the cap on the quantity of Short-term stream TSS visa applications that holders can submit within Australia. This adjustment is targeted to affect new TSS visa applications filed on or after November 25, 2023.

Q4: Is it possible to obtain permanent residency while on a 482 visa in 2023?

As of November 25, 2023, there's now a pathway for permanent residency available to short-term 482 visa holders after a period of 2 years. An update on November 6, 2023, specifies that as of November 25, 2023, all 482 visa holders, including those on short-term visas, will be eligible for Permanent Residency after completing 2 years.

Q5: How long does it take to transfer a 482 visa in 2023?

The processing time for a fresh nomination application and the subsequent processing time for a 482 visa after nomination approval typically range from one to two months.

Useful Links:

Spouse Visa Australia: Everything You Need To Know

ACS Australia Skills Assessment: Application Process, Documents, Sample Letter, and More