New Employer Sponsorship Visa Program (Temporary and Permanent) from 18 March 2018

Last night the legislation introducing the Temporary Skill Shortage also known as TSS visa (Subclass 482) and changes to Subclass 186 and 187 visas was released and will commence from 18th of March 2018. This legislation was released and is the final tranche of changes announced by Australian government in April 2017 in regards to changes in 457 visas.

 

skilled-visa-changes-march-2018

 

So, from 18 March 2018, no 457 visas application can be submitted and there would be significant changes to Employer sponsored visas subclass 186 and 187. We  recommend any remaining subclass 457/186/187 applications which are ready, to be submitted before the changes on 18 April 2018. Summary of important changes are as follow:

  • All Sponsorships are valid for 5 years and as of 18 March the training benchmark requirement is removed. It is not clear when the new Skilling Australia Fund (SAF) training levy will be implemented, however from 18 March until the SAF is implemented it appears that there is no training benchmark evidence required for new Standard Business Sponsorship (SBS) applications and TSS nominations. SBS training obligations of existing SBS sponsors remain. The SAF levy is expected to be implemented in coming weeks and will be imposed on TSS nominations.
  • Occupation list requirements will apply at the time of Nomination application only and is not checked later.
  • Sponsors will be required to select an employment period for their nominee in the nomination which will drive the visa grant period.
  • TSS visas (Subclass 482 Short Term (ST) and Medium-Long Term (MT) streams) only available for full time positions.
  • Salary arrangements have been clarified and a new projected number called Australia Market Salary Rate (AMSR)  representing what an Australian is or would be paid for a position, is defined.
  • TSS Nominations must now provide the location or locations at which the occupation is to be carried out
  • New Health requirement with possibility of a health waiver. PIC 4007 applies to TSS visa applications, enabling a health waiver to be applied for related to this visa. PIC 4006A previously referenced by subclass 457 visas with no health waiver eligibility.
  • TSS applicants should be able to demonstrate that they have worked in the nominated occupation for at least 2 years.
  • Additional prescribed grounds for cancellation were added for the subclass 482. This allows the Minister, after the visa is granted, to revisit the following questions and if not satisfied to consider cancellation:
    •  whether the visa holder had a genuine intention at the time of grant to perform the occupation he was nominated for;
    •  whether the visa holder has ceased to have a genuine intention to perform that occupation, or
    •  whether the position associated with that occupation is genuine.
  • In Subclass 186 TRT (Temporary Residence Transition) Minister can require skills assessment for any occupation prior to approving visa application regardless of whether skills had been previously assessed as part of a previous 457 or TSS application
  • Three year work experience requirement to apply to all applicants including TRT stream and direct stream.
  • The age limit is 45 for all streams of the Subclass 186 visa
  • Caveats via instrument can now be imposed on 187 DE (Direct Entry) nominations
  • for subclass 186 TRT and subclass 187 TRT the Minister can require skills assessment for any occupation prior to approving visa application regardless of whether skills had been previously assessed as part of a previous 457 or TSS application

More details information about the changes will be added soon.

The new legislation can be accessed from this link: https://www.legislation.gov.au/Details/F2018L00262/Download

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