As announced by the Government on 18 April 2017, the subclass 457 visa has now been abolished and replaced by the Temporary Skill Shortage subclass 482 visa (the ‘TSS visa’) on 18 March 2018.

The TSS visa program has 2 main streams: the Short-term stream and the Medium-term stream, along with the Labour Agreement stream, which can be negotiated where standard visa programs are not available to meet the need.

Under the Short-term stream, overseas workers employed in occupations  on the Short-Term Skilled Occupation List (‘STSOL’) will be able to apply for a TSS visa for up to 2 years and will have capacity to renew their visa onshore once only (unless inconsistent with International Trade Obligation).  The English language requirement remains at an overall test score of 5 in an IELTS test (or equivalent test), with a minimum of 4.5 in each test component.  The applicant must also meet the genuine temporary entrant requirement.

Under the Medium-term stream, overseas workers employed in occupations on the Medium and Long-Term Strategic Skills List (‘MLTSSL’) will be able to apply for a TSS visa for up to 4 years. Under this stream, visa holders will have capacity to renew their visa onshore and access the permanent residency pathway after 3 years. The English language requirement has been increased to a minimum of 5 in each of the IELTS test component (or equivalent test).

Under both streams, the following eligibility criteria must be met:

  • At least 2 years of work experience in the nominated occupation or related occupation
  • Labour Market Testing is mandatory (unless inconsistent with International Trade Obligation)
  • Employers are required to pay the Australian market salary rate and also meet the Temporary Skilled Migration Income Threshold
  • Police clearance certificates are mandatory (Good character letters may be used for applicants under Accredited sponsors)
  • Discretionary non-discriminatory workforce test of employers
  • Employers will be required to pay a contribution to Skilled Australians Fund (SAF). Contribution will be payable in full at the time the worker is nominated – AUD 1,200 per year or part year for businesses with an annual turnover of less than AUD 10m and AUD 1,800 per year or part year for other businesses.

Further applicable requirements to note:

  • The health waiver aspect based on employer’s undertaking is no longer accessible. Waivers can be granted where the grant of the visa would be unlikely to result in undue cost to the Australian community or undue prejudice to access health services.
  • The new visa condition results in the visa holder requiring a new visa (and nomination) to change their occupation.
  • TSS visas for all dependent children who are members of the family unit will have their visa valid until the day before their 23rd birthday.

 

What this means for you

New applicants for the TSS visa must be employed in occupations on either the STSOL or MLTSSL and meet the new requirements.

Current 457 visa holders continue to hold their valid subclass 457 visas. In order to extend this stay past their 457 visa validity, current 457 visa holders must meet the TSS requirements or transition to permanent residency if they are eligible.

Current 457 visa holders who held, or had applied for and was subsequently granted a subclass 457 visa on 18 April 2017, can access the Permanent Residence transitional arrangements when applying for the ENS or RSMS visa under the Temporary Residence Transition stream, provided they hold the same subclass 457 visa, a new subclass 457 visa, a TSS visa or a bridging visa related to a subclass 457 or TSS visa.

The transitional arrangements are:

  • There will be no occupation list restrictions, as long as the applicant continues to work in the same position for the same employer as approved on their subclass 457 visa
  • The age requirement will remain at less than 50 years of age
  • The work experience requirement will remain at least 2 out of the last 3 years prior to nomination
  • Other visa eligibility criteria will apply
  • These arrangements will be accessible until 18 March 2022

Applicants who lodged their subclass 457 visa applications after 18 April 2017 are not eligible to access the above transitional arrangements.

 

Get in touch

We understand the complexity of the Australian migration rules and regulations. We would be happy for you to get in touch and arrange some time to discuss your current visa status and advise you on your eligibility.

 

Email: info@forwardmigration.com.au

Phone: +61 405470088

 

Source: Department of Home Affairs and Migration Legislation Amendment Regulations 2018