Permanent residence pathway for sc482 visa holders with an occupation on the Regional Occupation List (ROL)
The Department of Home Affairs has advised in a news article on their website dated 13 February 2023, that the pathway that allows s482 STSOL visa holders to apply for a s186 (TRT stream) if they have been in Australia for at least one year between 1 February 2020 and 14 December 2021, and at the time of application are lawfully employed, can now be used by sc 482 visa holders with occupations on the Regional Occupation List.
Furthermore, the Department has provided further confirmation that those holding a Temporary Skill Shortage (TSS) subclass 482 visa with an occupation on the ROL, and who worked in Australia during the pandemic are able to access the Employer Nomination Scheme (ENS) subclass 186 visa in the TRT stream with available concessions. The Department has advised that this pathway is available now and there are no legislative changes required to give effect to this.
In regards to the pathway being available for 2 years from 1 July 2022, as was previously the case, the Department has advised that the legislative instrument that gives affect to these changes, is not end-dated before 1 July 2024. Consequently, it would be a decision for Government in the future to close the pathway on 1 July 2024 or continue it past that date.
The Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Bill 2023
The Bill was introduced into the Lower House on 16 February 2023 and second reading was moved.
The Bill amends the Migration Act 1958 (the Migration Act) to allow the Minister to implement a visa pre-application process, involving random selection of eligible persons who will then be permitted to apply for a relevant visa.
The main and immediate aim of the Bill is to support the Government’s policy objectives in relation to engagement with Pacific nations. In order to build a strong and engaged Pacific population in Australia, the Government has committed to the creation of a new class of visa, to be called the Pacific Engagement Visa (PEV), to provide access to permanent residence in Australia for an annual quota of citizens of certain Pacific countries and Timor-Leste.
Please note that this important legislation is still before the Parliament, and we will keep you updated regarding its progress.
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