New Information Released About Australia Skilled Visa Programs

27 Feb 2018

The Home Affairs Department of Australia has released some information about its skilled visa programmes, and on the Temporary Skill Shortage visa belonging to subclass 482 programs, the Regional Sponsored Migration Scheme belonging to subclass 187 visa programs, the relevant modifications to the Employer Nomination Scheme belonging to subclass 186. The Department has stated that all changes to SOL will be done, and information regarding the Skilling Australians Fund would be given when proclaimed.

The Implementation time is March, (but a precise date has not been provided).

Employer Nomination Scheme visa belonging to subclass186, Temporary Skill Shortage visas, and the Regional Sponsored Migration Scheme visa belonging to subclass 187 are the visas affected.

The affected Companies are those which sponsor overseas workers under the Subclass 457, ENS or RSMS programs and employers who recruit overseas workers using TSS visa.

The Department has provided additional information through a Newsletter in February which contains information on the TSS visa program; the ENS/RSMS visa programs, the occupation lists, and the Skilling Australians Fund.

The TSS Visa Programme. 

This Program will commence in March 2018 and will, replace the present Subclass 457 visa program.

The Department has confirmed that the applications for Standard Business Sponsorship given prior to the TSS date of implementation are subject to processing under the present rules. These sponsorships shall have five years validity. The training standards will not apply while implementing the Skilling Australians Fund (Subclass 457) applications for nomination meant for current visa holders which are filed before the date of implementation will be dealt with as per the present rules.

Subclass 457 nomination applications, however, will be dealt with as per the present rules, when the visa application is filed before the date of implementation.  In case the relevant visa application is not filed before the date of implementation, the application for nomination stands unprocessed. The application fee will also be credited to the applicant. Subclass 457 visa applications filed before the date of implementation will be dealt with as per the present rules. The applicants who succeed will be given a Subclass 457 visa and not the Temporary Skill Shortage visa.

Sponsors can renew their sponsorship on completion of a short form. 

When the Temporary Skill Shortage visa is put into practice, the sponsors have to complete an application for renewing their sponsorship for five more years. All the Applications will be approved automatically unless there are integrity concerns, or sponsors seek accreditation for the foremost time, or the sponsor does not meet the required criteria for accreditation. The Sponsors must renew their sponsorship two months earlier to their lapse.

New labor market testing requirements set for introduction

Testing is mandatory except when an International Trade Agreement is involved. Many options for labor market testing would be available, like posting on websites meant for national recruitment, advertisements on print media/radio;

Sponsors must out an advertisement for jobs for a fixed time prior to proceeding with filing a nomination;

These Advertisements shall be placed in English;

Present flexibility will be continued for nominations for active visa holders, as there is an alteration in business structure/pay rate for talented researchers, academics, athletes, and chefs.

Relevant experience of work

All Applicants must possess applicable work experience in the specific occupation or also in an associated field for two years. The factor policy will be made known on the date of implementation of TSS visa. The work experience will be viewed in a flexible manner as per industry practices,

• The work must be completed in the preceding 5 years,
• Applicants can add experience as part of a Master’s/Ph.D. program as experience in relevant occupations,
• Applicants can add internships / clinical placements for medical practitioners,
• Applicants can include the internships of the Program for Professional Year in specific occupations;
• Applicants can add experience received during the study for occupations related to performing arts.

The visa duration depends on the occupation and is subject to limitations of the service period (one year - four years).

ENS and RSMS streams

The major changes are listed below:

The MLTSSL is applicable to the RSMS and the ENS, and more occupations are available using the RSMS for supporting regional establishments.

Salary -The new salary structure for the Temporary Skill Shortage visa shall also be applicable to the RSMS and the ENS and will include Temporary Skilled Migration Income Threshold requirements.

Residency provisions- The period of waiting would be extended to three years (from the existing two) for being eligible to become a permanent resident.

Minimum three years work experience related to the specific occupation is needed.

The age provisions say that the applicants shall be below 45 years of age while applying.

Temporary Residence Transition stream

Present rules regarding occupation lists are based on 18^th April 2017 guidelines

Occupation Lists. Employers can expect some alterations in Occupation Lists.

•          Some occupations may be moved between the STSOL and the MLTSSL.
•          More skilled occupations will be available to employers in regional areas.
•          Alterations can be expected in caveats and specific lists which apply to a specific visa program.
•          Alterations will not impact on pipeline applications.
•          No new list for skilled occupation in 457 visas exists as new applications cease to be taken.
•      The individual occupation list will continue through the legislative instrument for separate visa programs.

•          Occupations which are available in the labor agreement streams of the TSS and ENS programs will be made known in the relevant labor agreement.

Skilling Australians Fund

A legislation which authorized collecting fees from employers for funding the skill set of workers in Australia was passed in the House but its time has expired in the Senate debate.

Employers need to be ready for such changes and aim to recruit global talents.

To find out if you are eligible to immigrate to Australia permanently, fill out a free evaluation form or contact us at [email protected] or call us 7207111222. One of our experts will meet your expectations and provide answers to queries.