Important changes to migration legislation were announced today to the following visa subclasses:
- 482 (Temporary Skills Shortage),
- 186 (Employer Nomination Scheme)
- 476 (Skilled Recognised Graduates)
- Electronic Travel Authority (ETA)
The updates continue the trend of easing access to Australian visas for people who remained in Australia during the pandemic.
Subclass 482 (Temporary Skills Shortage)
Up until today, migrants could apply twice for 482 visas in the Short-term stream whilst in Australia. To apply for a third 482 visa, they had to go overseas, apply for the visa and in most cases, wait offshore for the visa to be granted.
Starting 1 July 2022, 482 visa holders who have worked in Australia during Covid-19 will be permitted to apply for a third 482 visa in the Short-term stream without having to leave Australia. This concession applies to those who:
- were in Australia as the holder of a 482 visa in the Short-term stream for periods that total at least 12 months between 1 February 2020 and 14 December 2021; and
- make that further application before 1 July 2023. The Department may specify a later end date in the future.
Along with other measures to assist Covid-19 affected visa holders, this concession also helps eligible applicants for the permanent subclass 186 transition stream visa. It does this by allowing them to stay onshore rather than going overseas to apply for a third 482 visa, which they might require to be eligible for PR.
Subclass 186 (Employer Nomination Scheme)
Generally speaking, permanent residence subclass 186 visas have an age limit of 45 years at the time of application. The age limit has few exceptions, including people who held 457 visas on 18 April 2017 or those who applied for 457 visas by that date and were granted the visa later on. These people are allowed to apply for PR until they turn 50 years old, through the 186 visa in the Temporary Transition stream (TRT)
However, subclass 457 visa holders who are +50 years old or those who applied for subclass 457 visa after 18 April 2017 (legacy 457 workers), were not able to access those transitional arrangements.
A new exception category has now been introduced to cover current and former 457 visa holders. These people can apply for PR via the 186 visa in the TRT stream regardless of their age. This concession applies to people who:
- held a subclass 457 visa on or after 18 April 2017; and
- were in Australia for at least 12 months between 1 February 2020 and 14 December 2021
This generous concession commences 1 July 2022 and it covers main and secondary 457 visa holders, even if their visa has already expired. It does not matter which visa they applicant held during the qualifying period.
476 (Skilled Recognised Graduates)
Along with extensions of other Skilled visas, 476 visa periods will be extended until 14 April 2024. This provides 476 visa holders and former holders affected by Covid-19 travel restrictions with an additional 24 months to assist them to use the visa as intended.
This extension applies to all primary subclass 476 visa holders who were outside of Australia at any time between 1 February 2020 and 14 December 2021, while they held a valid subclass 476 visa. This applies even if the visa has already ceased, but not if the visa was cancelled. The same extension applies to secondary visa holders if the primary visa holder is eligible.
Electronic Travel Authority (ETA)
The Electronic Travel Authority (ETA) is an electronically stored authority for travel to Australia for short term tourism or business visits for eligible passport holders. Passport holders from over 30 countries and jurisdictions are eligible to apply for an ETA visa. It is often granted within minutes from applying.
Since 2020, the Department has restricted the ability to apply for ETAs to only a handful of countries and only through the AustralianETA app. With the reopening of Australia's international borders, the ETA app has now expanded to include all ETA eligible passports, as follows:
Andorra
Austria
Belgium
Brunei
Canada
Denmark
Finland
France
Germany
Greece
Hong Kong (SAR of China)
Iceland
Ireland
Italy
Japan
Liechtenstein
Luxembourg
Malaysia
Malta
Monaco
Norway
Portugal
Republic of San Marino
Singapore
South Korea
Spain
Sweden
Switzerland
Taiwan (excluding official or diplomatic passports)
The Netherlands
United Kingdom—British Citizen
United Kingdom—British National (Overseas)
United States of America
Vatican City
Have you been offered employer-sponsorship and wondering where to begin? Thinking about employing overseas talent, but not sure how to go about it?
On 12 April I will be teaming up with the Executive Centre to run a free online workshop on Australian employer-sponsored visas. I will explain in easy-to-understand terms how to streamline the application process and provide practical tips along the way. Register now to secure your spot.
12 April 2022, 3:00PM AEST
Elan Rysher is a Registered Migration Agent and Qualified Student Counsellor. He is the main Writer for ImmiUpdates and the founder of Rysher Migration. Elan has many years of experience working in immigration, finance and health. Being a former migrant himself, Elan is passionate about helping others fulfil their Australian dream.
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