Immigration news update for APAC and EMEA regions
On November 25, 2023, the new regulation changes to securing Permanent Residence for TSS visa holders will come into effect. This new regulation brings changes to the Temporary Skill Shortage, Employer Nomination Scheme and Temporary Residence Transition. This is to provide both employers and Temporary Skill Shortage visa owners to smoother application for Permanent Residence and improving the skilled workers shortage in Australia.
Following are the planned changes:
Temporary Skill Shortage (TSS) (subclass 482)
The cap on the number of short-term TSS applications that visa holders can make in Australia has been removed. Applicants wishing to renew a second or subsequent short-term TSS application can now, therefore, do this in country. However, this does not apply for those holding short-term TSS visas expiring before 25 November, with a requirement in place that an application must be submitted offshore.
Temporary Residence Transition (TRT) for nomination matters
- Employers that are sponsoring can now nominate holders of all TSS visas, also including Short-term and Labor Agreement streams.
- The occupations of the nominees do not have to be on the skilled occupation list anymore. Nevertheless, it must be listed in the Australian and New Zealand Standard classification of Occupations (ANZSCO). Furthermore, the nominee will also still need to work in the occupation nominated for their TSS visa.
- TSS visa holders must work for 2 years in their nominated position to be eligible to be nominated for TRT visa by their employer, as opposed to the previous 3 years.
Temporary Residence Transition (TRT) for application matters
- Changes will be made to age exemptions for regional medical practitioner applicants and high-income-earning applicants aged 45 years and over to allow for a two-year pathway.
- The COVID-19 situation age exemptions will no longer be applicable. However, full details of these changes have not yet been released.
This summary was prepared using information obtained from the Australian Government
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Roberta Carnaccini (Global Director of Immigration) and Debra Jane Beynon (Regional Manager, APAC).
Starting November 30, 2023, the Department of Justice will take over evaluation of Stamp 4 permission applications based on employment. The Department of Enterprise will no longer be part of this process.
Stamp 4 permission is applicable to most high-skilled workers coming to Ireland on employment permits, therefore any changes are likely to affect significant number of foreign workers.
As a result of this change new requirements for eligibility will also apply:
- Applicants for Stamp 4 permission need to evidence that they have worked in Ireland for 21 months using relevant employment permit. The 21-month period will start only once the applicant registers their Stamp 1 permission with the Department of Justice.
- Holders of Critical Skills Employment will no longer be required to obtain a support letter from the Department of Enterprise, Trade and Employment.
This summary was prepared using information obtained from the Department of Justice
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Roberta Carnaccini (Global Director of Immigration) or Joanna Sogeke (Team Leader, EMEA).
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