DEATH OF THE 457 VISA

The Temporary Skills Shortage Visa (TSS) will replace the Temporary Work (Skilled) visa in March 2018.


TEMPORARY SKILLS VISA TO HAVE TWO STREAMS

  • Short Term Stream
  • Medium Term Stream

ELIGIBILITY FOR THE TSS VISA

  • Minimum English Requirement
  • Minimum income threshold (TSMIT)
  • Relevant 2 years work experience
  • Satisfactory police checks
  • Labour Market Testing (LMT)
  • Skilling Australians Fund
  • Non-discriminatory workforce test

SHORT TERM STREAM

Relevant occupations for the Short Term Stream are from the STSOL - Short Term Skilled Occupations List.

Overview of the Short Term Stream:

  • Validity of up to 2 years
  • Only one onshore renewal is allowed, subject to assessment as assessed as a genuine temporary entrant
  • This visa does not give a pathway to permanent residency
  • 4 years is available where Australia's trade obligations apply.

MEDIUM TERM STREAM

Relevant occupations for the Medium Term Stream are from the MTSOL - Medium Term Skilled Occupations List.

Overview of the Medium Term Stream:

  • Validity for up to 4 years
  • The holder may apply for permanent residency after 3 years if requirements are met (the old requirement was 2 years).

STANDARD BUSINESS SPONSORS (SBS)

Valid sponsorships can continue and no new application is required. There are stringent obligations for sponsors.


TEMPORARY SKILLED MIGRATION INCOME THRESHOLD (TSMIT) REMAINS AT $53, 900

The TSMIT will remain at $53, 900 plus 9.5% statutory superannuation.

This could be subject to change.


REQUIREMENTS FOR WORK EXPERIENCE

  • Two (2) years relevant or closely related work experience is required for a nominated occupation from the list.
  • Some flexible arrangements may be accepted (for example 40 hours per fortnight and full time during student vacations)
  • Evidence in the form of research as a PhD student could be provided by certain occupations such as University Lecturers or Medical Professionals
  • Internships/Training could make up part of the work experience requirement in certain occupations such as Accountants.

FOREIGN WORKER LEVY

The 186 visa- Employer Nomination Scheme (ENS) and the Regional Skilled Migration Scheme (RSMS) is currently affected by this levy. The TSS visa will also be affected. 

A levy contribution to the Skilling Australians Fund (SAF) listed below, will be compulsory for these three visa applications in March 2018:

Small Business

  • TSS - $1200 per year
  • ENS / RSMS - $3000 one off payment

Other Businesses

  • TSS - $1800 per year
  • ENS / RSMS - $5000 one off payment

Large Businesses

  • TSS - $1800 per year
  • ENS / RSMS - $5000 one off payment

The SAF must be paid with Nomination.


LABOUR MARKET TESTING

All TSS nominations will require Labour Market Testing (LMT) and Market Salary Rate evidence. International trade obligations are an exception.

For details of LMT read the following:-

www.australiavisa.com/immigration-news/detailed-guide-labour-market-testing-lmt-market-salary-rate-tsmit/

ATO AND TAX FILE NUMBERS (TFN's)

Employer Sponsored visas holders must supply TFN's to verify correct salary payments.

Employers may be liable to penalties for breach of salary requirements.


LABOUR AGREEMENTS

These will continue without change.

Existing visa holders should not be affected unless they seek to apply for another visa outside the visa granted via a labour agreement.

As previously, labour agreements are negotiated between employers and the government to meet special needs where the positions cannot be filled by Australian workers.

~