New employer sponsored pathways to permanent residence

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Posted by The Immigration Lawyers
17th January, 2024
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As of 25 November 2023, Subclass 482 Temporary Skills Shortage visa holders now have a pathway to permanent residency under new legislation.

Subclass 482 Temporary Skills Shortage (482) visa

There is now no limit on the amount of TSS Visas that someone can apply for and be granted onshore for short-term stream visa holders.

Subclass 186 Employer Nomination Scheme (ENS) visa

All 482 visa holders (medium/long stream and short-term stream occupation holder) will now be able to access the Temporary Residence Transition stream of the ENS visa.

Those holding visas in the short-term, medium-term, and labour agreement streams can apply for an ENS transitional stream visa provided they:

      • Have an occupation code that exists in ANZSCO

      • Nominate an occupation in the same 4-digit ANZSCO group as the one on their 482 visa

      • Have held a 482 visa for at least 2 years

      • Have worked in their nominated position for at least 2 out of the last 3 years (not including any unpaid leave), on a full-time basis, while located in Australia

    All other ENS requirements remain in place. This means that unless specific exemptions apply (see below), applicants must be less than 45 years of age. They must also meet Competent level English, minimum salary, health, and character requirements.

    On-Hire Labour Agreement Workers

    ENS requirements state that the Nominator must be able to demonstrate a need for an applicant to be employed in a position under the direct control of the nominating business. This requirement has not changed even with the expanded pathway.

    482 visa holders under On-Hire Labour Agreements have traditionally been unable to meet this requirement as they are placed in external businesses to perform their role.


    No changes have been made to the ENS Direct Entry pathway, nor the Subclass 494 Skilled Employer Sponsored Regional visa.

    Applicants for these visas are still bound to skilled occupation lists, and the 494 holders must continue to live and work in regional Australia for at least 3 years prior to applying for a permanent Subclass 19

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