Skilled Visa Changes – Legislative Amendments

Skilled Visa changes have come into effect now that new Regulations, known as the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018 have been introduced. They took effect on 18 March 2018.

Key Points of the Skilled Visa Changes

Here are the main elements of the new regulations:

• Visa subclass 457 is abolished and replaced with a new Visa subclass 482 known as the Temporary Skill Shortage Visa (‘TSS’).

 

• The Visa subclass 482 visa has three streams:

(1) Short Term Stream

The Short-term stream is for the overseas workers whose occupations are on the Short-term Skilled Occupation List. These workers are able to be employed for a maximum period of two (2) years unless the limitation would be inconsistent with an international trade obligation.
The Short-term visa can be renewed only once, unless this limitation would be inconsistent with international trade obligations.

There is a requirement that the primary applicants for the TSS have at least 2 years relevant work experience.

For the applicants under the Short-term stream on English language requirement is the same as previously applied for the 457 visa.

The visa application charge for Short-term stream is lower than other stream.
Applicants under the Short-term stream need to satisfy a “genuine temporary entrant (GTE) requirement”.

 

(2) The Medium Term Stream

The Medium-term stream is for the overseas workers whose occupations are on the Medium-and-Long term Strategic Skills List. These workers are able to be employed for up to four (4) years.
Applicants under the Medium-term stream need to satisfy higher level of English proficiency and must score an overall score of at least 5 on the IELTS test with the minimum of 5 in each component of the IELTS test; OET at least B for each component; TOEFL at least 35 overall and at least 4 in each test component and PTE at least 36 in each test component.

 

(3) The Labour Agreement Stream

The Labour Agreement Stream, which enables skilled overseas workers to be employed under a labour agreement with the Commonwealth government if the existing need for skilled worker cannot be met by the Australia labour market or other streams.

The TSS condition 8607 applicable to all stream specifies that the visa holder may work only in the occupation in relation to which the TSS was issued.

Consequently, in order to work in a new occupation, a TSS visa holder must obtain a new nomination from the sponsoring employee and must apply for a new visa.

Labour Market Testing (‘LMT’) is requires for all nomination applications lodged on or after 18 March 2018 and before 18 June 2018 in the 12 month period immediately before the nomination is lodged.

For the nomination applications lodged on or after 18 June 2018 LMT is required within 6 months before the nomination is lodged.

Disclaimer

This article is for information only and is not legal advice. If this topics discussed seem relevant to your situation and you need advice please contact Esef Mirascija, Manager – Migration Law, on 07 5597 3366 or send him an email to emirascija@belllegal.com.au

For more on Bell Legal Group and how they can help you with your migration needs including Skilled Visa changes and whether this may affect you visit our Migration Law team’s web page here.