As mentioned earlier, the Temporary Skills Shortage would replace the Subclass 457 in March 2018. On March 15, 2018, the Australian Department of Home Affairs (DHA) published the Migration Legislation Amendment which implements the new Subclass 482 (Temporary Skill Shortage) visa, which is effective March 18, 2018.
However, the legislation to implement the new Skilling Australians Fund levy (“Training Levy”) has not yet been passed by Parliament. Therefore, the existing training benchmarks for employers sponsoring foreign workers on both temporary and permanent visas will apply to the new Subclass 482 (Temporary Skill Shortage) visa initially.
The Subclass 482 (TSS) visa program replaces the Subclass 457 visa, and encompasses three options:
- Short-term stream – this is for employers to source genuine temporary overseas skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL) for a maximum of two years (or up to four years if an international trade obligation applies);
- Medium-term stream – this is for employers to source highly skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL) for up to four years, with eligibility to apply for permanent residence after three years;
- Labor Agreement stream – this is for employers to source overseas skilled workers in accordance with a labor agreement with the Commonwealth, on the basis of a demonstrated need that cannot be met in the Australian labor market and standard visa programs are not available, with the capacity to negotiate a permanent residence option.
TSS applications require the applicant to have at least two years of work experience in the previous five years in the nominated occupation.
Labor Market Testing (LMT) exemptions based on occupation will not be available under TSS.
Renewal of sponsorship will normally be auto-approved for an additional five years, on completion of a streamlined online renewal form.
TSS visa holders who wish to change occupation, rather than employer, will have to have a new nomination and visa approved.
Applications lodged before the implementation date for standard business sponsorship (SBS), 457 nomination and 457 visa will be processed under the current rules, apart from 457 nomination applications lodged without a related visa application being lodged – these will be withdrawn and the nomination fee refunded.
Employers are advised to work with an immigration specialist to prepare for these changes and to avoid non-compliance.
Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert may have been prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.