CHANGES ARISING FROM THE ABOLITION OF THE 457 VISA & INTRODUCTION OF NEW TEMPORARY SKILL SHORTAGE 482 VISA
On 18 March 2018, the subclass 457 visa was abolished and the new Temporary Skill Shortage (TSS) visa (subclass 482) came into effect. The following is a summary of the impact these changes will have on the sponsor (the employer) and the visa applicant.
The changes incorporated into the Temporary Skill Shortage (TSS) visa will require employers to be aware of both the new requirements and new obligations.
The TSS visa will be split into 3 separate streams
- Short Term Stream;
- Medium Term Stream; and
- Labour Agreement Stream.
The TSS will be subject to three occupation lists
- The Medium to Long Term Strategic Skills List (MLTSSL), occupations on which are regarded as being ‘in demand for the longer term’;
- The Short Term Skilled Occupations List (STSOL) consists of occupations which are regarded as ‘only in demand for the short term’; and
- A new Regional Occupations List (ROL) which has been introduced for applicants nominated for an occupation to be performed in a regional area. Regional areas are specified by postcodes.
In addition to the introduction of the skills lists, there are now caveats placed against certain occupations. These caveats, attached to the process of nomination, may restrict or limit the nature or location for that occupation.
Other Changes Include
There are revised visa application charges and there will be a fixed amount contribution to the ‘Skilling Australia Fund’.
- There will be an Annual Market Salary Rate which will replace the ‘equivalent terms and conditions’;
- There will be mandatory labour market testing introduced, unless exempted by international trade obligations;
- English language requirements have been revised;
- There is a minimum two years of relevant work experience for the TSS visa applicants;
- There will be new criteria placed upon visa applicants.
Transition Arrangements from 457
There are a number of transition arrangements in place to allow transition from the 457 visa.
Along with the changes incorporated within the new TSS 482 visa, comes opportunities for Jason A Briggs Lawyers to assist employers to streamline their approach and develop a more comprehensive approach to long and short term skill shortages.
For more information
For a more detailed analysis as to how we can assist your business access the new Temporary Skills Shortage Visa, please contact us for an initial consultation.