The government and the Department of the Home Affairs has passed a legislation on 15th March, 2018, for the newly introduced Temporary Skills Shortage (TSS) visa, sub-class 482. This new legislation is set to replace the controversial 457 visa, with effect from 18th March.
These regulations were forwarded by Governor General Peter Cosgrove. This new legislative order is expected to supersede the 457 visa, and is known as Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) regulations.
The full text of the highly anticipated legislation can be read through the link:
https://www.legislation.gov.au/Details/F2018L00262/Download
For the convenience of esteemed readers and to further simplify the legislative order, below is the breakdown of the important points:
- The employer and the visa applicant are both required to meet number of stringent regulations.
- There has been a mandatory requirement added for the prospective applicants of the TSS stream to have at least 2 years of work experience in their skilled occupation.
- A police check from Australia and any other country of residence has to be acquired by the visa applicant.
- GTE assessment will be conducted in some circumstances.
- The nominating employer must also comply with the Standard Business Sponsor (SBS) requirements to be able to sponsor a worker.
- Labor Market Testing may imply under some specific circumstances.
- Employers who are sourcing overseas workers for either of the short, medium or long term streams must meet the Australian Labor Market minimum salary requirements in part of also adhering to Temporary Skilled Migration Income Threshold (TSMIT).
- An employer is required to pay contribution to Skilling Australian Fund.
- The sponsor should have to be located in a specific area/postcode.
- Applicants will have to be able to satisfy Public Interest Criterion 4007; waivers will no longer be available under Public Interest Criterion 4006A, which enabled employers to provide written undertakings that they would meet health costs if the applicant otherwise failed to satisfy health criteria. A waiver will still be available under PIC 4007 – however, applicants will need to show that they will not impose an undue burden on the Australian health system or access to services by Australian citizens and permanent residents.
- The TSS will have a Condition 8607, which is comparable to the existing Condition 8107 that has applied to 457 visas, but will also specify that the holder may work only in the occupation in relation to which the TSS was issued.
- Accordingly, in order to work in a new occupation, a TSS visa holder must obtain a new nomination from the sponsoring employer and must apply for a new visa.
Applicants, current or prospective must seek professional help in due course to get the best of this stream.
For further assistance or if you want one-on-one consultations our team of MARA registered experts is always there to guide you.
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