The Australian Government has recently made a number of legislative changes to make it easier for temporary workers to obtain permanent residency in Australia.

These changes mostly affect people who hold or have held Temporary Skill Shortage (sc 482) (TSS) and subclass 457 visas.

Some of these changes include:

• Removing the age requirement for the permanent Employer Nomination Scheme (sc 186) visa (ENS) for people who held a subclass 457 visa on or after 18 April 2017 and were in Australia for at least 12 months between 1 February 2020 and 14 December 2021 (12-month requirement).
• From 1 July 2022, allowing certain subclass 457 visa holders and TSS visa holders whose occupation is on the Short-Term Skilled Occupation List (STSOL) (e.g. Enrolled Nurses) be sponsored by their employer for permanent residency where:
  • they meet the 12-month requirement;
  • they are employed by an Australian business; and
  • their employer has sponsored them on a subclass 457 and/or TSS visa for 3 of the last 4 years.

• Allowing certain temporary workers apply for a third TSS where their occupation appears on the STSOL and they meet the 12-month requirement, which may allow access to a permanent employer sponsored visa.
• Continuing to allow subclass 457 visa holders who on 18 March 2017 held, or had applied for and were subsequently granted, a subclass 457 visa, access the transitional provisions for employer sponsored permanent residency (e.g. exemption from the Medium to Long Term Strategic Skill List and the lower 2-year qualifying work requirement and 50 year rather than 45 year age requirement).

Nurses and Midwives who consider that they fall into any of the above categories should start talking to their employer about visa sponsorship as soon as possible.

If you would like more information about the above changes, you can contact the NSW Nurses and Midwives’ Association for a referral to Visa Assist. Visa Assist provides free and confidential immigration advice to union members.