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Update in Australian Visa/migration Law: SAF and related legislation changes of 12 August 2018

Take Note;  the new Skilling Australians Fund (SAF) levy and related legislative changes have come into effect on 12 August 2018.

The SAF levy is now being charged on any new nomination lodged under the Temporary Skill Shortage (TSS), Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS) visa  programs. The SAF levy will be payable in full at the time of lodging a nomination application in ImmiAccount

Further additional changes to the Temporary Skill Shortage (TSS) (subclass 482) visa program were also implemented today, these include:

  1. Changes to Labour Market Testing (LMT) arrangements, with a new legislative instrument  published to specify the form in which LMT must be undertaken (ie removing current policy discretion in this space) – see updated content on the Department’s.
  2. While nominated positions must be full-time, there is however now a discretion to approve part-time positionsif supported by a strong business case. More information is available on this in the TSS Nominations Procedural Instructions (PI).
  3. Ensuring that an approved nomination does not cease before processing of an associated TSS visa application is completed, including merits review (even if this is longer than 12 months provided none of the other cessation events has occurred).

In addition to the above, any residual training benchmarks/compliance requirements have also been removed for new ENS/RSMS nomination applications where previously applicable (noting pipeline applications will still need to be assessed against requirements in place at the time of lodgement).

So if you or anyone you know is thinking of applying for a ‘Sponsored Visa” ie an ENS, RSMS or new TSS 482 visa   make an appointment with a Master Migration Lawyer.

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Call 03 9614 0218 or email to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

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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