{"id":"F2023L01531","name":"Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023","slug":"migration-legislation-amendment-expanding-access-to-temporary-residence-transition-stream-instrument","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104956,"registerId":"commonwealth-F2023L01531-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms](image.001.png)\n\nLIN 23/078\n\nMigration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023\n\nI, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make this instrument under the Migration Regulations 1994 (the Regulations).\n\nDated 14 November 2023\n\nAndrew Giles\n\nMinister for Immigration, Citizenship and Multicultural Affairs\n\n\n\n\nContents\n\n1 Name 3\n\n2 Commencement 3\n\n3 Authority 3\n\n4 Schedules 3\n\nSchedule 1 Amendments 4\n\nSchedule 2 Repeals 7\n\nPart 1—Repeals 7\n\nPart 2—Application of repeals 7\n\n    \n\n\n1 Name\n\n  This instrument is the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023.\n\n2 Commencement\n\n (1)   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument At the same time as the Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 commences.\n\n\nNote:      This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2)   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3 Authority\n\n  This instrument is made under the following provisions of the Migration Regulations 1994:\n\n(a) subparagraph 5.19(5)(a)(iii);\n\n(b) subregulation 5.19(6);\n\n(c) subregulation 5.19(8);\n\n(d) subregulation 5.19(13);\n\n(e) paragraph 186.221(1)(b) of Schedule 2;\n\n(f) paragraph 187.221(b) of Schedule 2;\n\n(g) paragraph 187.222(b) of Schedule 2; and\n\n(h) subclause 494.223(2) of Schedule 2.\n\n4 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n\n\n\nSchedule 1 Amendments\n\n(s.4)\n\n \n\nMigration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019\n\n \n\n[1] Section 5, definition of concession period\n\nRepeal the definition.\n\n[2] Section 5, definition of coronavirus employment change\n\nRepeal the definition.\n\n[3] Section 5, definition of legacy 457 worker\n\nRepeal the definition, substitute:\n\n \n\nlegacy 457 worker, for a Subclass 186 (Employer Nomination Scheme) visa application, means a person who:\n\n(a) held a Subclass 457 (Temporary Work (Skilled)) visa on or after 18 April 2017; \n\n(b) was in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and\n\n(c) applied for the Subclass 186 (Employer Nomination Scheme) visa on or before 30 June 2024.\n\n[4] Section 5, definition of pro rata threshold\n\nRepeal the definition.\n\n[5] Section 5, definition of regional medical practitioner applicant\n\nRepeal the definition, substitute:\n\nregional medical practitioner applicant, in relation to an application for a visa, means a person in relation to whom all of the following paragraphs apply:\n\n(a) the nominated position to which the visa application relates is located in a designated regional area;\n\n(b) during the 3 years ending immediately before the day the visa application was made the person spent at least 2 years (whether made up of a continuous period or 2 or more non‑consecutive periods) employed, as a medical practitioner, at a place or places that, at the time, were located in a designated regional area;\n\n(c) during the 3 years immediately before the day the visa application was made, the person held one or more of the following for a total period of at least 2 years:\n\n(i) a Subclass 457 (Temporary Work (Skilled)) visa; or\n\n(ii) a Subclass 482 (Temporary Skill Shortage) visa.\n\n[6] Section 5, definition of Subclass 457/482 coronavirus concession worker\n\nRepeal the definition.\n\n[7] Section 5, paragraph (a) of the definition of Subclass 457/482 worker\n\nOmit “at all times”\n\nAfter “employed” insert:\n\nfor a period of at least 2 years\n\n[8] Section 5, paragraph (b) of the definition of Subclass 457/482 worker\n\nOmit “3”, substitute “2”\n\n[9] Section 5, paragraph (c) of the definition of Subclass 457/482 worker\n\nRepeal the paragraph, substitute:\n\n(c) during the 3 years immediately before the day the visa application was made, the person held one or more of the following for a total period of at least 2 years:\n\n(i) a Subclass 457 (Temporary Work (Skilled)) visa; or\n\n(ii) a Subclass 482 (Temporary Skill Shortage) visa.\n\n[10] Section 5A, Coronavirus employment change\n\nRepeal the section.\n\n[11] Paragraph 6(1)(da)\n\nRepeal the paragraph.\n\n[12] Paragraph 7(1)(da)\n\nRepeal the paragraph.\n\n[13] At the end of Part 3\n\nInsert:\n\n12 Amendments made by LIN 23/078\n\n (1) The amendments of this instrument made by items 1, 2, 3, 4, 6, 10, 11 and 12 of Schedule 1 to the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 apply in relation to applications made on or after the commencement of that Schedule.\n\n (2) The amendments of this instrument made by items 5, 7, 8 and 9 of Schedule 1 to the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 apply in relation to the following applications:\n\n(a) made, but not yet finally determined, upon commencement of that Schedule;\n\n(b) made on or after the commencement of that Schedule.\n\nMigration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019\n\n[14] Paragraph 3(a)\n\nRepeal the paragraph.\n\n[15] Subsection 6(1)\n\nRepeal the subsection and subsection heading.\n\n[16] Subsection 8(1)\n\nOmit “paragraph 5.19(8)(c) and”.\n\n[17] After section 13\n\nInsert:\n\n14 Amendments made by LIN 23/078\n\n  The amendments of this instrument made by Schedule 1 to the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 apply in relation to the following:\n\n(a) an application for approval of a nomination that is made on or after 18 March 2018, but is not yet finally determined, upon commencement of that Schedule;\n\n(b) an application for approval of a nomination that is made on or after the commencement of that Schedule.\n\n \n\nSchedule 2 Repeals\n\n(s.4)\n\nPart 1—Repeals\n\n \n\nMigration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022\n\n[1] The whole of the instrument\n\nRepeal the instrument.\n\n \n\nMigration (LIN 19/047: Specification of Occupations—Subclass 187 Visa) Instrument 2019\n\n[2] The whole of the instrument\n\nRepeal the instrument.\n\nPart 2—Application of repeals\n\n[3] Application of repeals\n\n The repeals made by Schedule 2 to the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 apply in relation to an application for approval of a nomination that is made on or after the commencement of that Schedule.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument widens the Temporary Residence Transition Stream’s practical reach. It reduces some continuous/employment thresholds from 3 years to 2 years (Schedule 1 items [7]–[9]), redefines ‘legacy 457 worker’ and ‘regional medical practitioner applicant’ (Schedule 1 items [3], [5]), and removes COVID‑era concession definitions and sections (Schedule 1 items [1], [2], [6], [10]). It also repeals two earlier instruments (Schedule 2 items [1]–[2]). Transitional rules set how the amendments and repeals apply to pending and new applications (Schedule 1 items inserting clauses at end of Part 3 and after section 13; Schedule 2 Part 2 item [3])."},"complexity_factors":["Multiple interlinked amendments across existing instruments (Schedule 1 alters definitions and provisions in a 2019 LIN instrument and other instruments).","Cross‑references to the Migration Regulations 1994 authority provisions (see 'Authority' listing subparagraphs and subregulations in section 3).","Changes to core eligibility definitions (legacy 457 worker, regional medical practitioner applicant, Subclass 457/482 worker) that shift quantitative thresholds (3 years → 2 years) (Schedule 1 items [3], [5], [7]–[9]).","Removal of earlier COVID‑specific provisions and definitions (repeals of 'concession period', 'coronavirus employment change', and related sections) creates subtraction as well as addition of rules (Schedule 1 items [1], [2], [6], [10]).","Transitional application rules for amendments and repeals, which differ between items and specify application to pending and future applications (Schedule 1 inserted clauses at end of Part 3 — items [13], [17]; Schedule 2 Part 2 item [3]).","Full repeal of other instruments (Schedule 2 repeals LIN 22/038 and LIN 19/047) requiring readers to track removed material to understand net effect.","Commencement is linked to separate Regulations (commences when Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 commences), so timing depends on another instrument (see Commencement section).","Multiple visa subclasses affected (Subclass 186, 187, 494) with differing historic concessions, increasing interpretive workload for officers, sponsors and applicants."],"plain_english_summary":"This instrument changes who can access the Temporary Residence Transition Stream by altering eligibility rules for certain employer‑sponsored permanent visas (notably subclasses 186, 187 and 494). It shortens some required employment periods, revises definitions (including legacy 457 and regional medical practitioner applicants), and repeals earlier COVID‑related concessions. The practical effect is that more temporary skilled visa holders — and their sponsoring employers — may qualify, while applicants must meet the revised evidentiary and timing rules and the department applies the amended criteria."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of facilitating permanent residence for temporary skilled workers. While it expands access by reducing the time requirement from 3 to 2 years and removing COVID-specific provisions, this represents an evolution within the same policy framework rather than scope creep. The repeal of pandemic-era instruments actually narrows the regulatory footprint."},"complexity_factors":["Multiple amending instruments being modified simultaneously (LIN 19/216, LIN 19/049, plus repeals of LIN 22/038 and LIN 19/047)","Complex transitional provisions with different commencement rules for different items (some apply to pending applications, others only to new applications)","Nested definitions and conditions for 'legacy 457 worker' and 'regional medical practitioner applicant' with multiple cumulative requirements","Cross-references to Migration Regulations 1994 provisions (5.19, Schedule 2 clauses 186.221, 187.221, 187.222, 494.223)","Time-based eligibility criteria requiring calculation of periods across multiple visa subclasses and employment histories","Conditional application provisions in new sections 12 and 14 distinguishing between 'not yet finally determined' and new applications"],"plain_english_summary":"This instrument shortens and relaxes employer‑sponsored pathways to Australian permanent residence by allowing many temporary skilled workers (Subclass 457/482 holders) to apply after 2 years’ qualifying work instead of 3, and by easing continuous‑employment requirements. It also updates rules for regional doctors, sets a 30 June 2024 deadline for certain legacy 457 holders, and repeals obsolete pandemic and legacy provisions.\n\nIt matters because it speeds and simplifies transition to permanency for workers and their sponsoring employers."}},"importantCases":[],"_links":{"self":"/api/acts/migration-legislation-amendment-expanding-access-to-temporary-residence-transition-stream-instrument","history":"/api/acts/migration-legislation-amendment-expanding-access-to-temporary-residence-transition-stream-instrument/history","analysis":"/api/acts/migration-legislation-amendment-expanding-access-to-temporary-residence-transition-stream-instrument/analysis","conflicts":"/api/acts/migration-legislation-amendment-expanding-access-to-temporary-residence-transition-stream-instrument/conflicts","importantCases":"/api/acts/migration-legislation-amendment-expanding-access-to-temporary-residence-transition-stream-instrument/important-cases","documents":"/api/acts/migration-legislation-amendment-expanding-access-to-temporary-residence-transition-stream-instrument/documents"}}