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A big sigh of relief for employers and their employees today with the introduction of regulations to protect the permanent residence pathway of most 457/TSS visa holders who have been (or will be) impacted by changes to their employment caused by COVID-19.

  • Any 457/TSS holder wishing to apply for permanent residence through the Employer Nomination Stream (ENS) may still be able do so even if they have been temporarily stood down, on unpaid leave, or working reduced hours because of COVID-19.
  • Employees who were planning on relying on the age exemption can continue to do so even if their salary has fallen below the High Income Threshold because of COVID-19.

These changes apply to changes in employment arrangements since 1 February 2020 until further notice.

Employers will still have to demonstrate that the position being offered is permanent, full-time and for at least two years. We expect the Department will continue to require employers to evidence that the position is genuine especially in industries severely impacted by COVID-19.

All cases need to be assessed individually but this welcome change clarifies the government’s position to support permanent residence despite COVID-19. Contact your Ajuria team for further information and assistance.

For more information about how COVID-19 changes may impact immigration and employment law join our webinar on Thursday, 3 December 2020 at 11am AEDT.


DISCLAIMER This information is current as of 24 November 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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Author Ron Kessels

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