The Australian Government has announced changes that will allow short-term 457 or 482 visa holders to have a pathway to permanent residency in Australia after 2 years. If you have held and worked on a 482 visa for at least 2 years, you can apply from November 25, 2023.
Employers will be able to nominate holders of all Temporary Skill Shortage (TSS) 482 Visa, including Short-term and Labour Agreement streams. The nominated person will need to have held their TSS or subclass 457 visa(s) for 2 out of the 3 years before nomination.
Before, only Temporary Skill Shortage (TSS) 482 visa holders whose occupations are on the Medium and Long-term Strategic Skills List (MLTSSL) could apply for an Employer Nomination Scheme (186) visa under the Temporary Residence Transition (TRT) pathway after 3 years of full-time employment with the sponsoring employer while on a 457 visa or 482 visa.
Short-term 482 to PR 186
From November 25, 2023, the 186 Temporary Residence Transition stream will become available to the majority of 482 Temporary Skill Shortage visa holders. It will no longer be restricted to 482 visa holders with occupations listed on the Medium and Long-term Skilled Occupation List. In addition, the required length of employment with your sponsoring employer will be reduced from 3 years to 2 years.
If your occupation is on the Short-term Skilled Occupation List (STSOL), you will also be eligible to apply for the 186 Temporary Residence Transition after working in Australia for your employer-sponsor with a 482 visa for 2 years.
Medium-term 482 to PR in 2 years
Previously, medium-term occupations required 3 years on a 482 visa to be eligible to apply for permanent residency. When the changes start, all 482 streams can access PR and the work experience requirement will now be reduced to 2 years.
Common medium-term occupations include roles such as Registered Nurse, Diesel Mechanic, Carpenter, and more.
Have relevant work experience unless exempt. The applicant is required to have at least 3 years of relevant work experience in the nominated occupation.
Licensing, registration, or membership: The applicant must be licensed, registered, or a member of a professional body if it is mandatory in the state or territory the applicant intends to work in.
*Have a positive skill assessment
Be nominated by an Australian employer whose business is actively and lawfully operating.
The applicant must be under 45 years of age when he or she applies unless the applicant is eligible for the exemption policy.
Western Australia (WA), South Australia (SA) and Victoria (VIC) are offering cash incentives for migrants for occupations in healthcare and construction. If you are a health worker or a construction worker, the opportunity is now. You can get the incentive if you move to their state and take up a job. If you have friends or family in construction or health care, then tell them about these amazing offers.
Welcome to our August Australian Immigration News, where we bring you crucial updates on changes in Australian immigration. In this edition, we cover a range of topics, including alterations to the 189 and 190 visas, state nominations, 408 pandemic visa, cash incentives offered by states for specific occupations, VETASSESS Skill Assessment, Parent visa program, English testing modifications, Aged Care Agreement and more. For detailed information on all visas, visit Work Visa Lawyers.
There’s good news for Australian aged care providers who are struggling to meet the growing demand for skilled workers!
Aged care workers no doubt play a crucial role in supporting and caring for Australia’s ageing population. Aged care providers can now request an Aged Care Industry Labour Agreement (“ACILA”), which aims to help address the serious and ongoing shortage of workers all throughout Australia.
What does this labour agreement offer?
Under the ACILA, approved aged care providers can nominate skilled workers for certain employer-sponsored visas, to work in direct care occupations such as:
Nursing Support Worker
Personal Care Assistant
Aged or Disabled Carer
Registered Nurse and Enrolled Nurse occupations are not included in this Agreement.
What do employers need to do?
Firstly, aged care providers who want to access this labour agreement must consult with and enter into a Memorandum of Understanding (MOU) with the relevant union(s):
Australian Nursing and Midwifery Federation
Health Services Union
United Workers Union
The relevant union for the MOU will depend on the occupation group(s) being sought, service settings (residential or home care) and the state/territory where services are provided. In some instances, more than one union could be party to the MOU.
After an MOU is signed, aged care providers can proceed to request a Labour Agreement by making an application to the Department of Home Affairs.
What visas are available under this agreement?
Employers can either sponsor a skilled worker for:
Temporary Skill Shortage TSS (SC 482) - provisional visa valid for up to four years
For eligible applicants who hold a relevant AQF Certificate III or equivalent OR have one year of relevant work experience (to substitute for the formal qualification)
No extra work experience is required in addition to the above.
A permanent residency pathway can be available to sponsored workers who demonstrate at least 2 years of full-time experience in the nominated occupation in Australia.
Employer Nomination Scheme ENS (SC 186) – permanent visa
Those who have already worked in aged care in Australia could access a shorter, direct path to permanent residency (PR).
Applicants who possess two years’ experience in a directly relevant occupation (not tied to a particular employer or visa subclass) may be nominated for a permanent 186 visa.
This work experience must have been undertaken in Australia (meaning overseas experience does not count).
For both TSS and ENS visas, work experience needs to be relevant to the nominated occupation (at the required skill level), full-time or otherwise part-time pro rata, and undertaken in the last five years.
Advantages of Aged Care Industry Labour Agreement vs Designated Area Migration Agreement (DAMA)
Salary concession
The Temporary Skilled Migration Income Threshold TSMIT for employer sponsored visas is set at $70,000 (or at least $63,000 if salary concession is available under a DAMA).
Compared to this, the minimum salary under the Aged Care Industry Labour Agreement is AUD $51,222.
Certainty in occupations available
The Agreement covers a range of lower-skilled and semi-skilled roles within the aged care industry, namely Personal Care Assistants, Aged or Disabled Carers, and Nursing Support Workers. These roles are no doubt essential for ensuring quality care and continuity of care.
Compared to this, not all regional areas covered by a DAMA contain all of these occupations.
Direct PR pathway
The Aged Care Industry Labour Agreement can offer a quicker path to PR for those who already have relevant Australian work experience in the aged care industry.
Work Visa Lawyers has supported many businesses across Australia to negotiate and enter into labour agreements including DAMAs, industry and company specific. If your sponsorship needs are not currently being filled by the standard migration program, we are here to help.
FAQS
Do I need a skills assessment?
Applicants do not need a positive skills assessment, if they hold a relevant AQF qualification that was completed in Australia.
A relevant skills assessment for the nominated occupation is required for applicants who have an overseas qualification or are relying on work experience to substitute for a formal qualification.
Should I get a Student visa to study Aged Care?
Aged care studies may not be the preferred option, because it does not directly lead to visa options in the standard migration program. You might instead consider studies in a field with more migration pathways.
The aged care occupations are not currently on Australia’s skilled occupation list. This means visa options are limited for aged care workers.
For instance, there are no General Skilled Migration pathways (points-based visas Skilled visas such as 189, 491 or 190).
Employer sponsored visas are only available under certain Designated Area Migration Agreements, or otherwise the Aged Care Industry Labour Agreement. A challenge could be finding a sponsoring employer willing to nominate you for a visa.
A family member or friend in Australia wants to sponsor me, to provide aged care support services. Can they apply for an Aged Care Industry Labour Agreement?
No, only Australian aged care providers can access an Aged Care Industry Labour Agreement.
An approved provider is an organisation that has been approved by the Aged Care Quality and Safety Commission, to deliver Australian Government subsidised home, residential or flexible care services to older Australians.
Your family member or friend might instead consider accessing those services through an aged care provider that you work for.
How do I find a sponsor for the Aged Care Industry Labour Agreement?
These are some approaches you can try:
Search popular recruitment websites such as Seek or Indeed. You could include search terms such as “DAMA”, “sponsorship”.
Speak with those in your networks. Perhaps you have a friend or coworker working in aged care who can recommend or refer you
At the time of publication, this is the list of current Aged Care Industry Labour Agreements:
Curtin Heritage Living Inc.
Uniting NSW.ACT
TLC Aged Care Pty Ltd
Fremantle Italian Aged Persons Services Association Inc
I’m 45 years old (or over), can I apply for permanent residency through an Aged Care Industry Labour Agreement?
Unfortunately not. The ACILA does not offer a concession to the age limit for PR (186 visa), and applicants must be under 45 when they apply for this visa.
What concessions are available under the Aged Care Industry Labour Agreement?
Salary
A reduced TSMIT applies - $51,222 per annum.
English
English requirements depend on whether the aged care provider is CALD (Culturally and Linguistically Diverse) or not.
Those sponsored by CALD providers must achieve:
482 visa – overall IELTS 4.5 (or equivalent) with no minimum scores in each band
186 visa – overall IELTS 5.5 (or equivalent) with no minimum scores in each band
Those sponsored by non-CALD providers must achieve:
482 visa - IELTS 5.0 (or equivalent) with minimum of 5.0 for Speaking and Listening, and 4.5 for Reading and Writing.
186 visa – overall IELTS 5.5 (or equivalent) with no minimum scores in each band
If you needs help with this visa, Work Visa Lawyers can assist you.
Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We are able to assist with all aspects of the application, and will provide an eligibility assessment before advising you to proceed with a visa application.
Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
You can book an appointment online or call us at (+61) 8 8351 9956.
This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.
