In this time of closed boarders and travel restrictions, now more than ever you need an experienced and flexible legal team. AR LAW SERVICES: Masters Migration Lawyers is such a team.
Think of us as not only your immigration lawyers but also as your HR support.
Whether you run an ASX listed company or a “mum & dad” business we can help.
Important changes in the Law – Priority Migration Skilled Occupation List (PMSOL)
Direction no. 88 as to the order in which applications lodged with the Department of Home Affairs are to be processed. The new Priority Migration Skilled Occupation List (PMSOL) prioritizes 17 occupations in the health care, construction, and information technology sectors which are considered critical to Australia’s COVID-19 response. Priority processing is no longer available for occupations not on the PMSOL.
The PSMOL occupations (ANZSCO code) are:
- Chief Executive or Managing Director (111111)
- Construction Project Manager (133111)
- Mechanical Engineer (233512)
- General Practitioner (253111)
- Resident Medical Officer (253112)
- Psychiatrist (253411)
- Medical Practitioner nec (253999)
- Midwife (254111)
- Registered Nurse (Aged Care) (254412)
- Registered Nurse (Critical Care and Emergency) (254415)
- Registered Nurse (Medical) (254418)
- Registered Nurse (Mental Health) (254422)
- Registered Nurse (Perioperative) (254423)
- Registered Nurses nec (254499)
- Developer Programmer (261312)
- Software Engineer (261313)
- Maintenance Planner (312911).
The Ministerial direction provides that other subclass 482 applications will be processed in the following order:
- Nominations lodged for an occupation within a Critical Sector.
- Nominations lodged in relation to an occupation to be carried out in regional Australia.
- Nominations lodged by approved sponsors with Accredited Status not covered above.
- Nominations lodged by a party to a labour agreement.
- All other nominations lodged in relation to the Subclass 482 (Temporary Skill Shortage) visa program, including those relating to existing Subclass 457 (Temporary Work (Skilled)) visa holders.
There are currently processing delays of up to five months with subclass 482 Skill Shortage (TSS) nomination and Visa applications.
Changes to the Labour Market Testing requirements
Additional Labour Market Testing requirements now apply to all subclass 482 Temporary Skill Shortage nomination or subclass 494 Skilled Employer Sponsored Regional (Provisional) nominations. Employers must advertise the position on JobActive and place at least two advertisements published in any of the below:
- on a prominent or professional recruitment website with national reach that publishes advertisements for positions throughout Australia
- in national print media (that is, newspapers or magazines with national reach that are published at least monthly and marketed throughout Australia)
- on national radio with national reach
- on the business’ website if the sponsor is an accredited sponsor.
Many nomination applications are refused because the LMT requirements have not been met in full. In that case, the Skilling Australians Fund Levy will not be refunded and any visa application will be refused unless it is withdrawn.
Travel exemptions continue to be required for temporary visa holders entering Australia or Permanent Residents and citizens wishing to depart Australia. Additional guidelines have been published by the Commissioner of the Australian Border Force in response to the significant number of refused travel exemption requests.
Data Matching: ATO and Department of Immigration are continuing to share information, consequently compliance and record keep has become crucial for 482 visa applications.
The data items include:
- Address history for visa applicants and sponsors
- Contact history for visa applicants and sponsors
- All visa grants
- Visa grant status by point in time
- Migration agents
- Address history for migration agents
- Contact history for migration agents
- All international travel movements undertaken by visa holders (arrivals and departures)
- Sponsor details
- Education providers (educational institution where a student visa holder intends to undertake their study)
- Visa subclass name
So if you, your business or anyone you know is thinking of applying for a 482 visa or has had a 482 visa or travel exemptions refused talk to us.
Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer
Call 03 9614 0218 or email to make an initial 30 minute consultation at our Melbourne office. (conditions apply)
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