Assessing the effects of recent Australian visa changes

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In March, the Department of Home Affairs announced the abolishment of the Subclass 457 visa, which has now been replaced by the Temporary Skills Shortage (TSS) Subclass 482 visa.  Below is a summary of the legislation to explain what these changes may mean to you.

What happens if I hold a 457 or applied prior to 18 March 2018?

 

It is now no longer possible to apply for a 457 visa, 457 visa applications lodged before 18 March 2018 will continue to be processed and assessed as per the former Migration Regulations. There is no change for existing applicants who already hold a 457 visa on or before this date. 

What are the options available for the TSS (Subclass 482) visa?

The TSS replaces the 457 and has three different streams:

1. Short Term Stream

The requirements for this stream are as follows:

  • The nominated occupation must be on the STSOL (Short Term Skilled Occupations List)
  • At least two years of work experience in a related field
  • Applicants must show that they are Genuine Temporary Entrants
  • The visa is valid for 1 to 2 years and can only be renewed once while onshore.

2. Medium Term Stream

The requirements for this stream are as follows:

  • The nominated occupation must be on the MLTSSL (Medium and Long Term Strategic Skills List)
  • At least two years of work experience in a related field
  • A higher English language requirement than the Short Term Stream
  • The visa is valid for 1 to 4 years and can be renewed without limitation.  Applicants may be eligible for permanent employer sponsored options.

A breakdown of all occupations lists can be found here

3. Labour Agreements

This stream is for employers who have negotiated a labour agreement with the Australian Government. 

Robert Walters currently has an approved On-Hire Labour Agreement with the Australian Government. For more information and how this may be an alternative option to sponsor a foreign worker click here.

What are the changes to the Standard Business Sponsorship Requirements?

Consistent with the requirements for the 457 visa, in order to sponsor an applicant on a 482 visa a business must first be an approved Standard Business Sponsor. 

  • An existing SBS can be used to apply for a TSS visa
  • Sponsors no longer need to provide evidence of training of Australians in the business to be approved as a sponsor
  • All SBS’s granted after 18 March 2018 are now valid for 5 years (including start-up businesses)

What are the changes to the Nomination Requirements? 

A significant update to the nomination application is that Labour Marketing Testing is now required for all occupations.

Labour Market Testing Requirements for the TSS Visa available here.

Labour Market Testing requires the employer to show that it has not been possible to source an employee from the Australian labour market. This means providing evidence that the position has been advertised and no suitable candidates were available.

Labour Market Testing must be conducted in the occupation within the last 12 months for at least 21 days. 

 

To enquire about your visa options and requirements please contact our Immigration Services Team on 02 8289 3100 or via email at immigration@robertwalters.com.au.