HEMISPHERE MIGRATION NEWS

The Department of Immigration has announced the transitional arrangements for Employer nominated Permanent Residency (previously working 2 years for one employer).

Specifically, the DIBP has now confirmed that people who held, or had applied for, a subclass 482 visa on 18 April 2017 will be able to access certain existing provisions under the Temporary Residence Transition stream, specifically:

Occupation requirements remain the same (i.e. there is no specific list or other restrictions on the nominated occupation as long as the nominee continues to work in the same position for the same employer as approved for their subclass 482 visa).

Despite the introduction of a universal age ceiling of 45 from next March, the upper age limit for those using the transitional arrangements will remain at 50.

There will be no additional work experience requirement imposed for this cohort, and the current requirement to have worked at least two out of the three years prior to nomination on a subclass 482 will remain in place.

The welcome announcement gives some clarity to those who stood to be adversely affected from a wholesale change in the eligibility requirements. However, the limited information does not address a number of key scenarios, such as:

Whether applying for a 482 visa renewal (or subsequent TSS application) after 18 April 2017 will affect the grandfathering arrangements

Whether transferring to a new employer by way of a nomination lodged after 18 April 2017 will affect the grandfathering arrangements

Whether refused 482 applications that were overturned on appeal after 18 April will be able benefit from the grandfathering provisions

It is also possible that 482 applications lodged before 18 April but still undecided, could be affected if the nominated occupation is removed from the next list of approved occupations (set down for January 2018) before the nomination is finalised. This issue arises from the combined effect of changing lists, blowouts in DIBP processing times, and the fact that the nomination criteria requires the occupation to be on the gazetted list at the time of nomination decision (not at the time lodgement).

We expect to be able to provide further information as it comes to hand from the department of Immigration in the weeks ahead.