Australia – The new visa subclass 482 (TSS Visa) replaces 457
The long anticipated TSS (Temporary Skilled Shortage) visa has come into force as of the 18 March 2018 and we say goodbye to the 457 visa.
A quick recap on what we are currently working with: -
- 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 the limitation 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 need.
What is going to change on 18 March 2018 ?
- There will be a requirement that primary applicants for the TSS have at least 2 years relevant work experience.
- The English language requirement for applicants under the Short-term stream will remain at 4.5 IELTS or equivalent.
- The English language requirement for applicants under the Medium-term stream will require a higher level of English proficiency of at least 5 in each band on the IELTS test or equivalent
- The visa application charge for the TSS Short-term visa will be $1150.
- The visa application charge for the TSS Medium-term streams will be $2400.
- The health criteria is going to more stringent. Where applicants have a health problem and would otherwise fail the health exam, the sponsor can no longer sign a health undertaking. The applicant will need to show that they will not impose an undue burden on the Australian health system.
- New condition 8607 will specify that the holder may work only in the occupation in relation to which the TSS was issued. What does this mean for employers? If the occupation of the visa holder is going to change then a new nomination and new visa must be lodged and the associated fees must be paid.
- Skills assessments can be requested for any occupation for 186 TRT and 187 TRT which are permanent residence pathways.
- TSS visa can be cancelled if the applicant ceases to have a “genuine intention” to work in the position or position becomes no longer “genuine”
- For 482 Short Term (ST) and Medium-Long Term (MT) streams, occupation is checked against the current occupation list as of the date of lodgement of the nomination and is not checked later. The list in effect at the date of lodgement of the nomination determines what occupations are eligible for TSS nominations.
- TSS visas are only available for full time positions.
- Short term visas can be applied for either 1 or 2 years.
- Medium to Long Term visas can be applied for 1, 2, 3 or 4 years.
- Sponsor must notify Immigration if TSS holder fails to commence employment per employment agreement – note this important change.
- New term Annual market salary rate (AMSR) means what an Australian citizen or an Australian permanent resident earns or would earn for performing equivalent work on a full-time basis for a year in the same workplace and the same location as the visa applicant.