Skilled Visa Update: 1 July 2022 visa changes
Australian immigration law is constantly evolving, and the new financial year brings many changes occurring to the skilled visa area of Australian immigration law.
At the start of each financial year, the Australian Government announces changes to Australian immigration requirements for many visas including skilled visas. This year is no exception.
As a result of the ongoing global COVID-19 pandemic and resultant border closures, Australia now has a shortage of skilled workers. The Australian Government has responded by offering easier access for temporary visa holders to access permanent residency pathways.
The Australian Government is also making it easier for Student visa holders to transition to the Temporary Graduate (Subclass 485) visa with more concessions and a ’Replacement Stream’.
In this article, we outline the following relevant changes:
- Short-term stream TSS (subclass 482) visa pathway to permanent Employer Nomination Scheme (subclass 186) visa begins
- Temporary Graduate (subclass 485) visa changes with concessions in Skill Assessment and a new Replacement stream
- Changes to Working Holiday Visas and a 30% increase in caps
- Global Talent Visa – High income threshold increase.
1. Short-term stream TSS (subclass 482) visa pathway to permanent Employer Nomination Scheme (subclass 186) visa begins
From 1 July 2022, holders of Temporary Skill Shortage (TSS) (subclass 482) visas in the Short-term stream who have worked in Australia during the COVID-19 pandemic can now begin applying for Australian permanent residency. Applications are through the Temporary Residence Transition stream of the Employer Nomination Scheme (subclass 186) visa, providing they and their sponsoring employer meet all relevant criteria.
Previously, Short-term stream TSS visa holders were allowed to live and work in Australia for up to 2 years (and in some cases up to 4 years) but prevented from applying for permanent residency through the Employer Nomination Scheme subclass 186 visa pathway, but as of 1 July 2022, this barrier has been removed for eligible Short-term stream TSS visa holders.
Learn more about permanent resident pathways here.
Third onshore application for eligible Short-term stream TSS subclass 482 visa holders
In addition to the above pathway to permanent residency, current eligible Short-term stream TSS (subclass 482) visa holders may apply for a third Short-term stream subclass 482 visa onshore where they:
- were in Australia as the holder of a subclass 482 visa in the Short-term stream for a period totalling at least 12 months between 1 February 2020 and 14 December 2021; and
- make that third, further application before 1 July 2023 (unless the Minister specifies a later date).
Applicants seeking to apply for a third time will still need to meet the relevant criteria for the Short-term stream subclass 482 visa.
2. Temporary Graduate (subclass 485) visa changes with Skill Assessment concessions and a new Replacement stream
Further changes to the Temporary Graduate (subclass 485) visa have been introduced by the Australian government, further widening eligibility of recent graduates to apply for the subclass 485 visa:
Skills Assessment for the Graduate Work stream
From 1 July 2022, new applicants for the Temporary Graduate (subclass 485) visa in the Graduate Work stream will not need to nominate an eligible skilled occupation and will not have to provide evidence of a skill assessment. This is a temporary measure.
This temporary concession is for applications for the Graduate work stream of the subclass 485 visa made between 1 July 2022 and 30 June 2023 (inclusive).
New Replacement stream
This new stream allows holders of subclass 485 visas to obtain another subclass 485 visa of the same duration as their original visa if they were unable to stay in Australia for the full period of their previous subclass 485 visa due to the COVID restrictions in force from 1 February 2020 to 14 December 2021.
Current and former subclass 485 visa holders may apply for a further subclass 485 in the Replacement stream if they were:
- outside Australia when the original subclass 485 visa was granted and entered Australia on the original visa before 15 December 2021, departed Australia after this entry but before 15 December 2021 while holding the original visa; or
- in Australia when the original subclass 485 visa was granted and were outside Australia at any time between 1 February 2020 and 14 December 2021 while holding the original visa.
Secondary visa holders who were granted subclass 485 visas on the basis of being members of the family unit of the primary visa holder will also be eligible for the Replacement stream if the primary subclass 485 visa holder is eligible.
Applications for subclass 485 visas in the Replacement stream must be made between 1 July 2022 and 31 December 2026 (inclusive).
The Replacement stream will not be open to applications for persons who were already on their second subclass 485 visa in the Post-Study Work stream during the period of international travel restrictions.
The Replacement stream will also not be open to applications by persons who have had a subclass 485 visa, or a visa granted after the applicant held a subclass 485 visa that was cancelled, except those who requested in writing that the Minister cancel their visa, or whose visa cancellation decision was set aside by the Administrative Appeals Tribunal.
Second Post Study and Replacement stream visas
Holders of the Post Study stream subclass 485 visas who were required to live in regional areas for the grant of a second subclass 485 visa and were disrupted by the COVID arrangements may now meet this requirement if they have studied on a Student visa and lived on their Replacement stream subclass visa in a regional area.
This applies to applications for subclass 485 visas in the Second Post Study stream made on or after 1 July 2022.
Previous announcements about the subclass 485 visa and COVID19 concessions can be found on our website here.
3. Changes to Working Holiday Visas
For both the Work and Holiday (subclass 462) visa and Working Holiday (subclass 417) visa, from 1 July 2022, visa changes include:
- Addition of flood recovery work and areas for this work in the definition of ‘specified work’;
- Updates on bushfire recovery work to include voluntary work;
- Update to the areas in which tourism and hospitality work must be carried out.
Brazil and Mongolia added as partner countries for Work and Holiday (subclass 462) visa
From 1 July 2022, Brazil and Mongolia are eligible subclass 462 visa partner countries. To apply for, and to be granted a subclass 462 visa, applicants must hold a valid passport issued by an eligible subclass 462 visa partner country and also hold specified educational qualification requirements (amongst other criteria) in order to satisfy the primary criteria for a subclass 462 visa.
Danish and Italian age increases for Working Holiday (subclass 417) visa
The upper age limit for holders of Danish and Italian passports has been increased from 30 years of age to 35 years of age for this visa class.
4. Global Talent Visa – High income threshold increase
One of the criteria for the Global Talent (subclass 858) visa is that an applicant demonstrates their ability to attract an annual salary of at or above the Fair Work High Income Threshold.
From 1 July 2022, the Australia’s Fair Work Commission raised the High Income Threshold to AUD$162,000 per annum. This information can be found in the Fair Work Commission’s website at https://www.fwc.gov.au/high-income-threshold.
If you are looking for more information on the Global Talent visa, you can find it here.
Australian Immigration law is constantly changing. Get the right advice now!
Confused by the July 2022 visa changes announcement or worried about impacts on your visa?
Australian immigration law is complex and constantly evolving. A great deal of time, expense and angst can be saved when approaching your Australian permanent visa application by engaging an experienced immigration lawyer.
Guidance from an immigration lawyer can be invaluable in ensuring that you choose the correct visa and pathway for yourself, and that any information prepared from the start of the visa process through to the decision on the application is consistent and sufficiently supported by the right kinds of evidence. We can give you the comfort that we will give you the very best chance of success in obtaining an Australian permanent visa.
For a confidential discussion about your permanent visa options or any other immigration matter, please contact our team on 1300 123 529, or via email at visas@craddock.com.au. Our team of friendly and experienced immigration lawyers are at the ready to assist.
Please note that this page states the law as at August 2022. Australian immigration law is complex and changes frequently, and the law in relation to Australian visas may have been changed since we prepared this page.