We break down these changes and dive into how employers and existing or potential Subclass 482 visa holders might be able to benefit from them.

Recognising the benefit of integrating temporary migrant workers who have lived in and contributed to the country for years, the Department of Home Affairs (DHA) has accelerated the pathway from a Subclass 482 visa to permanent residency by:

• Allowing employers to nominate all Subclass 482 visa holders for permanent residence through the 186 or 187 TRT, regardless of their 482 visa stream. (Previously only 482 visa holders in the Medium-term stream were eligible. Now 482 visa holders in the Short-term and Labour Agreement streams can also be nominated).
  
  
• No longer requiring nominated occupations to be assessed against skilled migration occupation lists. Instead, the nominated 186 TRT occupation just needs to have the same 4-digit ANZSCO unit group code as the occupation held on the 482 visa.
  • If your occupation is Accountant (General) (ANZSCO code 221111), you can also be nominated as a Taxation Accountant (ANZCO code 221113) because the first 4 digits are the same. However, you can't be nominated as an External Auditor (ANZSCO code 221213) because the first 4 digits are different from the Accountant (General) ANZSCO code.
    
    

• Reducing the period applicants must have worked full-time on a Subclass 482 or 457 visa prior to being nominated for the TRT stream. Applicants now must have worked on a Subclass 482 or 457 visa for at least 2 of the 3 years prior (down from 3 of the 4 years prior).
  
  
• Allowing multiple Subclass 482 visa applications to be made onshore (instead of limiting onshore applications to just two).

We’ve effectively reverted to similar conditions pre-2018, with the Subclass 482 visa resuming its position as the foremost temporary skilled work visa:

• Employers have more flexibility to sponsor skilled workers for permanent residence to fill skill shortages and retain valuable staff.
  
  
• Skilled workers, even those on short-term visas, have increased certainty of transitioning to permanent status without having to worry whether sudden changes to occupation lists will close off that pathway.

A few concerns remain:

• With the 186 TRT open to all 482 visa holders after working for a minimum of 2 years, we would expect the DHA to extend the strict 2-year limit on 482 short-term stream visas so that applicants whose 482 visas expire just a few days short of meeting the 2-year work requirement aren’t disadvantaged, but such a concession has not been granted yet.
  
  
• If the Department of Home Affairs does not promptly provide a concession allowing the 2-year limit on 482 short-term visas to be extended, some 482 visa holders may need to apply for an additional 482 visa to meet the requirement of having worked at least 2 out of the past 3 years before being eligible to apply for permanent residence.
  
  
• It’s also odd that the ‘genuine temporary entrant’ (GTE) criteria ie. proving that you have a genuine intention to stay in Australia temporarily, still applies to the 482 short-term stream given that permanent residence is now on the table.
  

We will keep an eye on any further developments and update our clients as they arise.

Overall, these changes certainly facilitate win-win situations. When helping plan Subclass 482 visas, Abacus Visa’s approach considers how both the sponsor and applicant can achieve mutual priorities. We strategise pathways that benefit employer workforce continuity and the skilled worker’s career advancement goals.

Accelerated permanent residency options can be a powerful draw when competing for in-demand skilled candidates. They also enable better workforce planning and mitigate the loss of skilled staff by providing them with long-term certainty.

Savvy employers might consider strategically leveraging recent changes by:

• Valuing and being willing to permanently sponsor employees making long-term contributions to operations;
  
  
• Outlining PR pathways to create incentives that aid worker retention and boost recruitment efforts;
  
  
• Offering terms that raise transitioning to PR status via the 186 TRT after 2 to 3 years. Formalising a 186 TRT track sets realistic expectations while conveying eagerness to retain valuable staff and could result in greater applicant commitment

Existing and potential 482 visa holders can raise the expanded 186 TRT pathway to gauge whether employers are committed to permanency. They could more strategically advance career and migration aims by:

• Reviewing an employer’s history of sponsoring past Subclass 482 holders before accepting an offer;
  
  
• Discuss bespoke permanent residency prospects during sponsorship negotiations;
  
  
• Being aware that changing employers generally resets the minimum 2 years required for 186 TRT applicants to have worked in their nominated position.

In summary, while the changes are positive, the heightened permanent residency stakes require both workers and their sponsors to clearly communicate expectations and negotiate equitable arrangements.

Are there changes to the Subclass 186 Direct Entry stream?

The Subclass 186 Direct Entry (DE) stream remains unchanged, ie. The 186 TRT changes do not affect the 186 DE:

• Applicants must still have their nominated occupation on the Medium and Long-term Strategic Skills List (MLTSSL).
  
  
• Those who do not hold a 482 or 457 visa can still access the 186 Direct Entry pathway (again, if their nominated occupation is on the MLTSSL), eg. Temporary Graduate 485 visa, Work and Holiday 417 visa, Temporary Work 408 visa holders, or even offshore applicants.
  
  
• The requirement for 3 years of full-time skilled employment also remains unchanged.

There are more reforms coming down the pipeline, as the government’s recent Parkinson review indicates. This includes regulations to allow 482 visa holders more time to move between employers, potential further revisions to occupation lists, and a shift towards a three tiered risk-based approach to skilled migration.

We remain dedicated to closely tracking these changes and expertly steering our clients through them, whether that’s helping businesses retain talent via sponsored permanent visa arrangements, or empowering migrant workers and their families to achieve their ideal migration outcomes.