What are the new changes from 18 March 2018?

The former Subclass 457 visa is abolished, and replaced with new Subclass 482 visa, which is known as the Temporary Skill Shortage (TSS) visa. As was the case with 457 visas, overseas workers will need to be nominated by a sponsoring employer.

 

The Subclass 482 visa will have three streams:

  1. The Short-Term stream – overseas workers with occupations that are on the Short-Term Skilled Occupation List will be able to be employed for a maximum of two years, unless limitations would be inconsistent with an international trade obligation.
  2. The Medium-Term stream – overseas workers with occupations that are on the Medium to Long Terms Strategic Skills List will be able to be employed for up to four years.
  3. Labour Agreement stream – overseas workers who are employed under a labour agreement with the Commonwealth government, if there is a need that cannot otherwise be met by the Australian labour market and standard visa programs are not available to meet the need.

Sponsors

  • The requirement for new sponsors to meet either Training Benchmark A or B are removed.
  • The Training Benchmark requirements will be replaced with Skilling Australia Fund (SAF) training levy which will be implemented in coming weeks and imposed on TSS nominations.
  • Recovery of costs from employee applicants for TSS and other non-SBS nominations, including migration agent costs, is now specifically prohibited.
  • All sponsorship approvals are valid for a 5-year term.
  • Sponsorship and nominations refusals for overseas businesses are not reviewable at the Administrative Appeal Tribunal.

Nominations

  • Occupations are checked against the current occupation list as of date of lodgement of the nomination which determines what occupations are eligible for TSS nominations.
  • Nominations must be for full-time positions only.
  • Nominations may be required to provide evidence that applicant continues to meet English language skills.
  • Australian Market Salary Rate, excluding any non-monetary benefits, must not be less than the TSMIT (currently set at $53,900) unless waived.
  • Annual earnings of the applicant must not be at less than TSMIT unless waived.
  • Nomination must provide the location or locations at which the occupation is to be carried out.
  • Period of nomination must be provided.
  • Nomination period for STSOL occupations and MLTSSL must be stated.
  • Equivalent Terms and Conditions of employment of an Australian citizen/permanent resident will be compared across annual earnings, earnings and employment conditions

 

Visa applicant

  • Applicants under the Short-Term stream can renew their visa onshore only once for a further two years, unless it would be inconsistent with international trade obligations. However, persons who are not eligible to apply for a further Short-Term stream visa, may reapply from outside Australia.
  • Applicants under the Medium-Term stream have no restrictions on visa renewals.
  • Applicants are required to have worked in the nominated occupation for at least two years before application.
  • Applicants under the Short-Term stream will need to satisfy a “genuine temporary entrant” requirement, which would be assessed against existing circumstances, immigration history, compliance with visa conditions and other relevant matters.
  • Applicants under the Short-Term stream will be required to have an equivalent overall English language ability of IELTS 5, with a minimum of 4.5 in each category. However, the Medium-Term stream will require a higher level of English proficiency an equivalent overall English language ability of IELTS 5, with a minimum of 5 in each category.
  • The Visa Application Charges will be $1,150 for STSOL applicants and $2,400 for MTLSSL applicants.
  • Applicants will need to satisfy Public Interest Criterion 4007, waivers will no longer be available under Public Interest Criterion 4006A which enable employers to provide written undertakings that they would meet health costs in the applicant fails to satisfy health criteria.
  • Visa condition 8607 will apply, which replaces condition 8107 that has applied to 457 visas, but will specify that the visa holder may work only in the occupation in relation to which the TSS was issued.
  • The visa period that will apply to dependent children who are members of the family unit will cease at the end of the day before the child’s 23rd birthday.

 

The amendment documents can be found at : http://www.legislation.gov.au/Details/F2018L00262/Download 

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