Australia replaces the 457 visa – Government reforms to employer sponsored skilled migration visas

Replacement of the 457 visa with the Temporary skilled shortage (TSS) Subclass 482 visa has been announced.

The effect of this change absolutely affects the employers who do sponsor staffs. Only those whose application of the 457 visa lodged before 18th of March 2018 will continue to be processed, the requirements which have some changes to the list Temporary skilled shortage (TSS) Subclass visa will include;
  • The 3 different stream of the visa which is the short term, medium Term and Labour Agreement stream: Employer’s nomination must be based on one of the three TSS application stream that will be on either the short term; to be on the Short term occupation list, must show that applicant is a genuine temporary entrant and the visa is either 1 or 2 years which can only be renewed onshore once and the medium/Long term strategic skills List with Higher Requirement in English Language with visa varying 1-4 years, which can be renewed without limitation and The Labour Assessment stream for the ones that have negotiated a labour agreement with the Australian Government
  • The Work Experience: There should be a 2 years of experience for an employee to possess and be nominated in the field, which means people with no job experience cannot apply.
  • The English Language Ability is the requirement for the short term stream for an employee to score average of 5 in IELTS
  • Health Requirement: applicant must show generally that they qualify for the TSS Visa with having no health-related issues, a health waiver could include pre-existing insurance, financial capacity and the ability for applicants relatives to provide necessary care.

Occupations List now include the MLTSSL for 4 years visa, STSOL for TSS valid for 2 years while the Regional occupation eligible permanent RSMS visa. The work condition for the visa is as follows; applicant must commence work within 90 days of arrival in Australia, also can be canceled if they cease work for 60 days only working for the nominated employer.

  • Visa validity period for Adult Children will be valid only after the child’s 23rd birthday.
  • Higher visa application fees for the short term stream $1.150, Medium term stream $2.400
  • Training requirement for sponsorship approval does no longer require evidence of training Australians, while training will be relevant for permanent employer nomination scheme visas.
  • Employer sponsorship validity will take 5 years when a standard business sponsorship is granted after 18th of March 2018
  • Market Rate salary has been restructured for the TSS visa if the applicant earnings are at least $250,000 while the TSMIT is unchanged at $53,900, the earnings of the nominee must be at Annual market salary rate (ASMR) or Temporary skilled migration income threshold (TSMIT)
  • Labour market testing is required in most cases
  • Various nomination requirement such as nomination must be specified to be exactly 1,2,3 or 4 years been based on how a TSS holder will be working in Australia.

The TSS visa for the employee has a similar concept but in details, it is different to the 457 visa. The change has been made by the Australia Department of Immigration to strengthen employer’s integrity in sponsorship program through the migration amendment (Reform of employer sanctions) Act 2013.

Author: Tais

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