THE NEW TEMPORARY SKILL SHORTAGE (TSS) – SUBCLASS 482 VISA

Dear HR Managers, as we all know, the new TSS visa (subclass 482) will be introduced to replace the subclass 457 that will be abolished.

The Department, over the past few months, has provided many updates about transitional arrangement and what the changes will be. Here, we provide you with summary of the changes and outline how the new TSS will look like.

Temporary Skill Shortage – Subclass 482 Visa

The current subclass 457 visa will be abolished in the first half of March 2018, and the new TSS visa will be introduced. There are three (3) streams with the TSS Visa, namely:

  • Short-Term Stream – STSOL
  • Medium-Term Stream – MLTSSL
  • Labour Agreement

The following are some details that you need to know:

Short-Term Stream – STSOL

  • Only occupations on STSOL (Short-term skilled occupation list) will be eligible
  • Duration: up to 2 years, might be renewed once for a further 2 years (max stay of 4 years)
  • No pathway to permanent residency under employer-sponsored program
  • English: IELTS score of 5.0 (min score in each band of 4.5), or equivalent
  • Application fee: primary visa applicant ($1,150), sponsorship ($420), nomination ($330)

Medium-Term Stream – MLTSSL

  • Only occupations on MLTSSL (Medium and long-term skilled occupation list) will be eligible
  • Duration: up to 4 years
  • Eligible for permanent residency after 3 years
  • English: IELTS score of 5.0 (min score in each band of 5.0), or equivalent
  • Application fee: primary visa applicant ($2,400), sponsorship ($420), nomination ($330)

Sponsorship

  • Duration: all sponsorship approval will be for 5 years (even for start-ups)
  • One lifetime TRN will be introduced to be used when renewing sponsorship
  • Introduction of automated nomination approvals and priority processing In 5 days or less
  • Sponsors can renew the sponsorship online, 2 months before it expires

Nomination

  • Occupation must be listed in the relevant occupation list at time of application – this will not be looked into at the visa stage
  • Work experience requirements: applicants need to have 2 years of relevant work experience (applicable to medium term and short term)
  • Mandatory LMT (Labour Market Testing) for all applications – except in a case where ITO (International Trade Obligations) applies. Gumtree advertisement will no longer be accepted
  • LMT must be done for a minimum duration (no specific requirement released yet)
  • Introduction of GTE (Genuine Temporary Entrant) requirements for STSOL occupations (which means the applicants need to show that they intend to leave Australia on completion of their TSS visa)

Other Points to Take Note

  • For 457 visa holders, they cannot apply for TSS visa if the occupation is removed from STSOL or MLTSSL
  • For occupation on STSOL, applicant cannot lodge onshore twice. They must go offshore to lodge the second application
  • Introduction of ASMR (Annual Market Salary Rate) in addition to TSMIT requirements
  • Mandatory skills assessment will be included in an Instrument
  • TSS nomination cannot be linked to a 457 visa application, and vice versa
  • Decision ready applications – these applications will be processed faster, within 2 months
  • Applications with no document – will be refused in 2 days
  • Applicants with ‘no further stay’ condition on their visa will not be able to apply for TSS
  • New condition 8607 replacing the 8107 – applicants who wants to change occupation are required to have new nomination approved and a new
  • visa granted before they can start work in the new occupation. But they can start work with the new employer when a new nomination is approved.
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