TSS Visa (subclass 482): The big changes
Immigration, australian visas, Visa Solutions Australia, SBS, Work Visa, TSS, TSS Visa, Visa changes, Department of Home Affairs, Sponsorship, Business Sponsorship
Effective 18th March 2018, the former Subclass 457 visa was abolished, and replaced with a new Subclass 482 visa, which is known as the Temporary Skill Shortage visa.
As was the case with 457 visas, overseas workers will need to be nominated by a sponsoring employer.
The Subclass 482 visa will have three streams:
The Short-term stream, under which overseas workers whose occupations are on the Short-term Skilled Occupation List will be able to be employed for a maximum of 2 years, unless thatlimitation would be inconsistent with an international trade obligation;
The Medium-term stream - under this stream, workers whose occupations are on the Medium and Long-term Strategic Skills List will be able to be employed for up to 4 years;
The Labour Agreement Stream, which would enable skilled overseas workers to be employed under a labour agreement with the Commonwealth government, if there is a need that cannot otherwise be met by the Australian labour market and standard visa programs are not available to meet the
Q. Are there changes that affect family units holding the TSS visa?
The visa period that will apply to dependent children who are members of the family unit will cease at the end of the day before the child's 23rd birthday.
Q. Sponsorship Accreditation
Sponsors who qualify will receive priority processing with most applications being processed in less than 5 days. (Further details in separate article).
Q. Changing jobs? Take note!
The TSS will have a Condition 8607, which is comparable to the existing Condition 8107 that has applied to 457 visas, but will also specify that the holder may work only in the occupation in relation to which the TSS was issued.
Accordingly, in order to work in a new occupation, a TSS visa holder must obtain a new nomination from the sponsoring employer and must apply for a new visa.
Q. Who are affected?
Companies sponsoring foreign workers under the Subclass 457, ENS or RSMS programmes and employers planning on recruiting foreign workers on TSS visas.
Q. Is there a minimum level of work experience required?
YES. There will be a requirement that primary applicants for the TSS have at least 2 years relevant work experience.
Q. What about the character and health criteria?
The health criteria are also being made more stringent.Applicants will be required to provide police clearance certificates where applicable.
Applicants will have to be able to satisfy Public Interest Criterion 4007; waivers will no longer be available under Public Interest Criterion 4006A, which enabled employers to provide written undertakings that they would meet health costs if the applicant otherwise failed to satisfy health criteria. A waiver will still be available under PIC 4007 - however, applicants will need to show that they will not impose an undue burden on the Australian health system or access to services by Australian citizens and permanent residents.
Q. Labour Market Testing (LMT)
The period during which LMT must be undertaken has changed from 12 months to:
(a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.
(b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged.
A new Skilling Australians Fund for training Australian workers will also be introduced. Details has not yet been finalised.
Q. What occupations were removed?
Occupation 'removed' from the 457 MLTSSL: Horse breeder
Occupations 'removed' from the 457 STSOL:
post office manager
fitness centre manager
sports centre manager
aeroplane pilot
flying instructor
helicopter pillot
wine maker
real estate representative
Q. Market Salary Rate Calculation
TSMIT is unchanged at 53,900.
Annual Earnings for high income exemption is 250,000.
Calculation details of AMSR detailed including priority for Fair Work instrument or State industrial instrument if exists, and guidance for when relevant information such as job surveys may be used.
Q. Definition of Australian Employee for Compliance purposes
The definition of 'Australian employee' has changed from 'an Australian citizen or Australian permanent resident' to 'an Australian citizen or Australian permanent resident who is an employee for the purposes of the Fair Work Act 2009'.
'Employee', which was not defined, now 'has the definition provided by section 15 of the Fair Work Act 2009'.
Q. Compliance with Training Benchmarks after SBS grant
The definition of 'Australian employee' has changed from 'an Australian citizen or Australian permanent resident' to 'an Australian citizen or Australian permanent resident who is an employee for the purposes of the Fair Work Act 2009';
Employee', which was not defined, now 'has the definition provided by section 15 of the Fair Work Act 2009'.
Note that Training Benchmarks A & B are still in place for the moment
The Bills to implement the Skilling Australians Fund (SAF) levy are currently before the Parliament. As a result, standard business and labour agreement sponsors are still required to meet their training obligations.
Q. English Language Requirements
There will also be an English language requirement. For applicants under the Short-term stream, this will remain the same as applied to applicants for the 457 visa. However, the Medium-term stream will require a higher level of English proficiency. Applicants will need to achieve an overall score of at least 5 on the IELTS test, and also a minimum of 5 in each component of the IELTS.
Test date specified as 3 years prior to date of application; test dates after date of application no longer accepted as they were on the subclass 457 visa.
TOEFL overall reduced from 36 for 457 visa to 35 for 482 ST (Short term) stream.
Various increases to test score requirements for 482 MT (Medium-Long term stream).
Language indicates all components of the language test must be taken on the same day in a single attempt.
Q. Notifying DHA of Sponsorship Events
Specified email address and form submitted via ImmiAccount as only methods for SBS and temporary activities sponsors to notify DHA of sponsorship events. Previous methods by mail no longer available.
The manner in which to notify DHA is now by:
(a) by email to: sponsor.notifications@abf.gov.au; or
(b) by completing the administrative form titled "Notification of sponsorship changes" and submitting the completed form using ImmiAccount.
A SBS holder is required to notify the DHA of events within 28 days of the sponsored person/visa holder ceasing employment and in all other instances within 28 days of a change or event occurring.
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