Sub class 457 Visa to the new TSS sub class 482: Storm in a tea cup?
Despite all the sound and fury concerning the introduction of the 482 TSS visa, the final position is relatively similar to its predecessor the sub class 457.
Import changes including the move to 2 occupation lists, and the removal of a pathway to permanent residency for a large number of applicants employed in occupations on the Short Term Skilled Occupation List (‘STSOL’).
That having been said, the system fundamentally remains a temporary work visa system requiring skilled applicants with good health and character to fill skilled positions which cannot be filled by Australians.
This step is to do with the position and has retained many of the old procedures
Beginning in July 2017 the available occupations have been significantly reduced. Those occupations that remain available have been divided into either the Medium & Long Term Skill Shortage List (‘MLTSSL’) or the STSOL.
More recently was the introduction of a number of occupations specifically available in regional areas, called the Regional Occupation List . Despite the name, the Regional Occupation List is not a separate list and regional occupations appear on each of the lists for the various subclasses or visa types.
Caveats (ie. inapplicability criteria) have been adjusted to reflect the new requirements of the 482 TSS visa: Caveats should be checked carefully for each occupation. It is expected that caveats will be revised on a regular basis.
Genuine Temporary Entrant:
GTE has been introduced for STSOL occupations. The applicant must demonstrate that they do not intend for their stay in Australia to be permanent.
Australian Market Salary Rates & Equivalent Terms & Conditions
Also introduced: Australian Market Salary Rate (‘AMSR’). The AMSR must be above or equal to the Temporary Skilled Migration Income Threshold (‘TSMIT’) and must be equivalent to what is paid to an Australian in the same workplace and location. A broader assessment of the employment conditions will be made to ensure that 482 TSS visa holders will receive the same conditions as Australians.
The business must also certify that the conditions apply with all Federal, State, and/or Territory employment laws.
Although flagging the introduction of a new training system: the Skilling Australia Fund (‘SAF’) Levy, this has not yet happened, consequently the previous Training Benchmark system for current sponsors, who have an ongoing obligation to meet their original training commitments, and new sponsors, who must commit to meeting the Benchmark in the next 12, presumably if the SAF Bill does not pass. It is expected that this obligation will be removed once the new SAF Levy passes Parliament and is introduced.
If and when the SAF Levy passes, sponsors will be required to pay the Levy based on the number of years they are seeking sponsorship for the position. Fees of $1800 per year apply to businesses with a turnover above $10 million or $1200 where turnover is under $10 million.
As was the case from July 2017, visas are limited to a maximum of 4 years for occupations on the MLTSSL, or 2 years for occupations on the STSOL. Exemptions apply to allow STSOL occupations to be granted for 4 years where International Trade Obligations apply, such as Free Trade Agreements or WTO GATS.
Visas in the MLTSSL stream may be renewed indefinitely while the occupation remains on this list. Visas for STSOL occupations can only be renewed once onshore. Subsequent renewals may be made from offshore but this may impact on claims the applicant is a Genuine Temporary Entrant.
Labour Market Testing: LMT
Labour Market Testing requirements are to be tightened. These are some of the expected changes:
Sponsors must demonstrate at least two advertisements on:
National recruitment website
National print media
National radio; or
If an accredited sponsor, on their website.
Social media (such as LinkedIn or Facebook) and other websites are not acceptable.
Be of duration of no less than 21 consecutive calendar days
Have occurred in the last 12 months
From 18 June 2018 the advertisements must have been published in the past 6 months
Be published in Australia
Include the position title or description
Include the name of the sponsor or recruitment agency
Include the annual earnings of the position, unless above $142,000 per annum
The 482 TSS visa component
The 482 TSS visa includes revised requirements for work experience and English. Most other requirements remain the same.
Skills & Qualifications
Must have the skills or qualifications outlined in the special occupation list to qualify. In addition, applicants must have at least 2 years’ full-time work experience in the occupation. Skill Assessment requirements remain largely as before and include specified trades for specified nationalities as well as the occupations of ‘Project or Program Administrator’ and ‘Specialist Managers Not Elsewhere Classified’.
Age No age limit.
English Applicants for the MLTSSL stream must obtain an overall score of 5.0 in IELTS (or equivalent in another English language exam) and a minimum of 5.0 in each stream.
Applicants for the STSOL stream must obtain an overall score of 5.0 in IELTS (or equivalent in another English language exam) and a minimum of 4.5 in each stream.
Exemptions apply where applicants have studied a requisite amount in English, obtained licensing which requires evidence of a greater level of English, are paid a base salary of $96,400 per annum plus super and are employed by an overseas business, or have a passport from the UK, USA, Canada, New Zealand or the Republic of Ireland.
Health & Character
Must meet health and character requirements. All over 16 need to demonstrate good character by providing a police clearance from each country they have lived in for more than 12 months in the last 10 years.
Only spouses or children under 23 can be included.
Condition, 8607, restricts to working for any employer other than the current sponsor will be imposed on all primary visa holders. Exceptions apply for exempt occupations including medical practitioners, CEOs, Managing Directors and General Managers.
Increase in visa application fees for 2-year 482 TSS visas in STSOL occupations to $1150 per adult applicant. The fee for MLTSSL occupations is now $2400 per adult applicant. The fee for partners to join existing 457 or 482 TSS MLTSSL occupation visa holders is $2400, while partners joining 482 TSS STSOL occupation visa holders is $1150.
So if you or your business have questions about this new and exciting visa make an appointment with a Master Migration Lawyer.
Call 03 9614 0218 or email firstname.lastname@example.org to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page