19 Feb 2018
Department of Home Affairs announced Skilled Visa E-News today.
The edition of the Skilled Visas E-news is focused on upcoming changes to the skilled visa programs for March 2018.
This includes the implementation of:
- the new Temporary Skill Shortage visa (subclass 482) (referred to by the Department as the ‘TSS visa’)and
- related changes to the Employer Nomination Scheme (ENS) (subclass 186) and the Regional Sponsored Migration Scheme (RSMS) (subclass 187) visa programs
The Department of Home Affairs is in the final stages of preparing for implementation of these changes in March 2018, with the exact implementation date impacted by legislative and systems release processes and time frames.
Updated skilled occupations lists will accompany the other broader changes to the temporary and permanent skilled visa programs. Agents should be aware that:
- additional skilled occupations will be made available to employers in regional areas for certain visa programs
- to support the introduction of new regional occupations, some existing occupations may be moved between the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL)
- there will also be changes to caveats, as well as to the specific lists that apply to particular visa programs
- these changes will not impact pipeline applications
- there will continue to be ‘individual lists’ (via legislative instruments) for separate visa programs. For user convenience, there will, however, still be one combined list published on the website for simplification
- there will be no new skilled occupation list instrument released for the Temporary Work (Skilled) visa (subclass 457) program at this time, as new applications will be closed from the date of repeal
- for the labour agreement streams of both the ENS and TSS visa programs, the occupations available will continue to be those specified in the relevant labour agreement.
Upcoming changes to sponsorship accreditation
The Department is again revising the accreditation arrangements. This is to ensure that more employers can get the benefits of these arrangements, including priority processing of nomination and visa applications, as well as, auto-approval of nominations that meet certain criteria from March 2018 onwards. The new sponsorship accreditation criteria will be specified in the new TSS Sponsorship Procedural Instructions. Updated information about sponsorship accreditation will also be available on the Department’s website from the implementation date.
Work experience requirements for the TSS visa
As per the Government’s 18 April 2017 announcement, TSS visa applicants will be required to have worked in the nominated occupation, or a related field, for at least two years. Work experience related caveats that apply at the nomination stage for the subclass 457 visa will not apply to TSS nominations.
Policy settings will be outlined in the TSS visa Procedural Instructions that will be published on the implementation date. Interim guidance for agents is provided below:
- Work experience will be considered flexibly in the context of the nominated occupation and industry practices
- The work experience should have been undertaken in the last five years and would need to be calculated in terms of full time work. Part time work experience may be considered
- Experience gained as part of the research components of a Masters and/or PhD may be considered as work experience for relevant occupations, such as medical and research occupations
- Experience gained through clinical placements and internships may be considered as work experience for medical practitioners, including Resident Medical Officers (RMOs)
- The internship component of the Professional Year Program may be considered as work experience for relevant occupations
- Performance experience gained while studying may be considered for applicants with a performing arts occupation.
Visa determined by nomination
Under the new TSS arrangements when implemented, the employer will select in the nomination form:
- the nominated occupation – which will determine the stream of the related visa application
- an employment period – which will be a period of 1, 2, 3, or 4 years subject to the stream of the visa that they are nominating an overseas worker for. The employment period will then determine the length of the visa that is granted to the nominated overseas worker.
Changes being introduced for March 2018
The key changes being introduced in March 2018 for the ENS and RSMS visa programs, subject to the transitional arrangements and the final drafting of regulations, are:
- Skilled occupation lists: The MLTSSL will apply to the ENS and the RSMS, with additional occupations available through the RSMS to support regional employers
- Salary arrangements: the new market salary framework planned to be introduced for the TSS visa will also apply to ENS and RSMS, including Temporary Skilled Migration Income Threshold (TSMIT) requirements
- Residency: The eligibility period to transition to permanent residence will be extended from two to three years
- Work experience: At least three years’ work experience relevant to the particular occupation will be required
- Age: All applicants must be under the maximum age requirement of 45 years at the time of application.
Will there be changes to existing exemptions for age or English for March 2018?
Existing exemptions for age or English will continue.
Will there continue to be a Direct Entry stream for the RSMS/ENS visa programs?
Will an ENS/RSMS nomination application lodged prior to March allow you to lodge an ENS/RSMS visa application after March?
Yes. The regulations will specify which ‘rules’ apply in this scenario.
For more information please contact us.
大家都知道今年的3月份457簽證会正式由TSS簽證來取代。 但是TSS正式實施之前，不論是457的雇主擔保的資格和新的提名和簽證還是會按照原有的457政策審批。 但是如果申請人只遞交了提名而未遞交簽證，簽證申請則會被移民局直接結案並退還簽證費。