Permanent residence pathways for Temporary Skill Shortage (Short-term stream) visa holders
From 1 July 2022, there were changes to improve access to permanent residence for skilled migrant workers who chose to remain in Australia during the pandemic.
Subclass 482 visa holders in the short-term stream will be able to apply for permanent residence through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa.
To be eligible TSS visa holders must:
- Have been in Australia for at least one year between 1 February 2020 and 14 December 2021
- Meet all other nomination and visa requirements for the TRT stream of the ENS visa.
The Department has indicated that the Australian Government intends to only allow these concessions for two years from 1 July 2022.
These arrangements also apply to Temporary Work (Skilled) subclass 457 visa holders with an occupation on the Short-term Skilled Occupation List (STSOL). Transitional arrangements for the subclass 457 visa holders seeking a permanent residence pathway through the TRT stream of the ENS came into effect when the TSS visa replaced the subclass 457 visa. These transitional arrangements were due to end on 18 March 2022 but will continue to be available and reviewed within two years. Please read our detailed update on the permanent residency pathway here.
Age exemption for legacy Temporary Work (Skilled) subclass 457 visa holders
Eligible legacy subclass 457 visa holders will be able to access an age exemption when applying through the TRT stream of the ENS subclass 186 visa.
To be eligible for the age exemption legacy subclass 457 visa holders must:
- Have held a subclass 457 visa on or after 18 April 2017
- Have been in Australia between 1 February 2020 and 14 December 2021 for at least one year
- Meet all other nomination and visa requirements for the TRT stream of the ENS visa.
The age exemption will be accessible for two years from 1 July 2022. Please read our detailed update on the 457/482 visa changes here.
Third onshore Temporary Skill Shortage (TSS) subclass 482 visas for certain short-term visa holders
Eligible former TSS visa holders who have worked in Australia during the COVID-19 pandemic will be able to apply for a third short-term TSS visa while in Australia.
To be eligible applicants must:
- Have held not more than two short-term stream TSS visas
- Have been in Australia between 1 February 2020 and 14 December 2021 for at least one year while holding a TSS (Short-term stream) visa
- Meet all other nomination and visa requirements for the TSS (Short-term stream) visa
The third TSS visa will be accessible for one year from 1 July 2022. Please read our detailed update on the 482 visa changes here.
Changes to the COVID-19 Pandemic stream of the Temporary Activity (subclass 408) visa
The COVID-19 Pandemic stream has been expanded to allow temporary visa holders to stay in Australia between 6 and 12 months to work in any sector of the Australian economy.
Applicants can remain in Australia:
- For 12 months if they are working or have a job offer to work in the following key sectors of agriculture, food processing, health care, aged care, disability care, childcare, or tourism and hospitality, or
- For 6 months if they are working or have a job offer to work in any other sector in Australia.
At time of application, you must have evidence of employment or an offer of employment and hold a substantive visa with work rights that expires in 90 days or less, or that expired 28 days ago or less. Please read our detailed update on the 408 visa changes here.
Temporary removal of requirements for the Graduate Work stream of the Temporary Graduate (subclass 485) visa
From 1 July 2022, the application requirements for the Graduate Work stream will be streamlined by removing the requirement for graduates to nominate an occupation from the skills occupation list and obtain a skills assessment.
This concession will be available for applications made between 1 July 2022 to 30 June 2023 (inclusive). Please read our detailed update on the 485 visa changes here.
Commencement of the Replacement stream of the Temporary Graduate (subclass 485) visa
From 1 July 2022, current and former Temporary Graduate visa holders who lost time on their original visa due to COVID-19 travel restrictions can apply for another 485 visa.
Current and former 485 visa holders may apply if they:
- Were outside Australia when the original 485 visa was granted and entered Australia on the original visa before 15 December 2021, departed Australia after this entry but before 15 December 2021 while holding the original visa, or
- Were in Australia when the original 485 visa was granted and were outside Australia at any time between 1 February 2020 and 14 December 2021 while holding the original visa.
Applications for the replacement stream must be made before 1 January 2027. Please read our detailed update on the 485 visa changes here.
Critical technology – enhanced visa screening measures for Student visa holders
The Department of Home Affairs has introduced a visa screening system to manage the risk of unwanted transfer of critical technologies. On 1 July 2022, the Migration Regulations 1994 were amended to establish a framework supporting targeted visa screening to identify and manage the risk of unwanted transfer of critical technologies in certain visa programs.
While the amendments to the Migration Regulations commenced on 1 July 2022, they do not have any immediate impact on visa applicants or visa holders. The Minister is yet to specify the ‘kinds of critical technology for the purpose of the legislative instrument. The provision will not be activated until that time.
Public Interest Criterion 4003B
Student visa holders are not currently subject to critical technology-related screening under Public Interest Criterion 4003B. The Department will provide further updates when ‘kinds of critical technology’ have been specified for the purpose of PIC 4003B.
When enabled by a legislative instrument, student visa applications may be subject to additional screening to determine if an applicant may pose an unreasonable risk of unwanted transfer of critical technology. Under PIC 4003B, the Minister for Home Affairs can refuse to grant certain visas if there is an unreasonable risk.
Visa condition 8208
Student visa holders subject to condition 8208 are not yet required to seek approval prior to changing their course of study. The Department will provide further updates when ‘kinds of critical technology’ have been specified for the purpose of condition 8208.
If you apply for a Student visa after 1 July 2022, your visa will be subject to visa condition 8208. Under condition 8208, you must receive written approval prior to undertaking a critical technology-related course of study in the postgraduate research sector. This includes:
- A postgraduate research course, at masters degree (research) or doctoral degree level, that relates to critical technology;
- A bridging course identified as a prerequisite to a postgraduate research course relating to a critical technology; or
- A thesis or research topic for a postgraduate research course relating to critical technology.
This approval can only be given after the Minister of Home Affairs is satisfied that you do not pose an unreasonable risk of unwanted transfer of critical technology.
Updated Labour Market Testing Instrument
From 4 July 2022, a new labour market testing instrument came into effect – Migration (Labour market testing) Amendment Determination (LIN 22/064) 2022.
This instrument reflects the new Australian Government’s employment website, Workforce Australia (previously JobActive). The updated instrument will ensure that labour market testing advertising can continue after the transition from JobActive to Workforce Australia. Job advertisements placed on JobActive by employers prior to the change on 4 July 2022 will be migrated to Workforce Australia.
Employers should pay attention to the changes to ensure their LMT evidence adheres to the new requirements. Please read our detailed update on the transition to Workforce Australia here.
Visa Application Charges increase from 1 July 2022
The Australian Government announced a 3% increase in lodgement fees for almost all visa applications lodged on or after 1 July 2022. The increases will be rounded to the closest to $5.00.
A complete list of the visa application charges is published here on the Department’s website. Please read our detailed update on VAC increases here.
COVID-19 Border Restrictions Removed
From 6 July 2022, COVID-19 border restrictions for people travelling to and from Australia are changing. All travellers should be aware that:
- People entering Australia do not need to provide evidence of vaccination status
- People entering Australia do not need to complete the Digital Passenger Declaration or Maritime Travel Declaration
- People leaving Australia will not be asked to provide evidence of their vaccination status
- Unvaccinated visa holders do not need a travel exemption to travel to Australia
- Masks are still required on flights travelling to Australia.
These changes to border requirements are an essential step as Australia transitions to a new COVID normal.
Fair Work High Income Threshold increases
From 1 July 2022, the Fair Work High Income Threshold (FWHIT) increased from $158,500 to $162,000. This means that:
- Visa applicants seeking an age exemption for permanent residency through the Temporary Residence Transition Stream of the Employer Nomination Scheme (ENS) subclass 186 will need to have guaranteed earnings of at least $162,000 for this financial year onwards
- Candidates applying for the Global Talent visa program will need to demonstrate that they have the ability to attract a salary at or above $162,000
Superannuation guarantee increases
From 1 July 2022, the superannuation guarantee will increase from 10% to 10.5% per annum.
Australian National Minimum Wage increases
From 1 July 2022, the National Minimum Wage will increase by $40 per week, which amounts to an increase of 5.2%.
The Fair Work Commission also announced that minimum award wages will increase by 4.6%, subject to a minimum increase for award classifications of $40 per week and based on a 38-hour week for a full time employee.
Employers sponsoring or employing overseas workers may be required to comply with these new minimum wage or award changes and ensure that overseas workers are paid the same as an equivalent Australian worker.
