TSS visa (482 visa) came into effect
We have previously provided various updates relating to the Skill Shortage Visa (subclass 482) visa (TSS Visa) and the abolition of the Temporary Work (Skilled) (Subclass 457) visa. As you may be aware, this scheme (amongst other schemes) is in a state of transition.
On 18 March 2018, the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018 (TSS Regulations) came into effect and amended the current Migration Regulations 1994. The stated purposes of the TSS Regulations are to:
- Support Australian businesses to access critical skills if skilled Australian workers are not available;
- Better meet Australia’s skill needs; and
- Increase the quality and economic contribution of skilled migrants.
The 457 visa has now been repealed, and the TSS Visa has been formally introduced into legislation and is now in effect.
TSS visa (482 visa) – important details at a glance
The key additional details relating to the 482 visa which have now been released from our perspective and which we consider to be of particular importance to the majority of our clients are summarised below. We anticipate issuing further information relating to each of the below in subsequent newsletters:
- Overseas business sponsors: A definition of an “overseas business sponsor” has been introduced to reinforce the validity of persons / businesses who may be approved to sponsor on the basis that they wish to “place an overseas worker in Australia to establish a business or fulfil contractual obligations1”.
- STSOL and International trade obligations: The short term stream is used to source workers in occupations on the Short Term Skilled Occupation List (STSOL) for a maximum of 2 years. However, importantly, if the two year limitation would be inconsistent with an international trade obligation, then occupations which are on the STSOL are available for up to 4 years.
- Annual Market Salary Rate: There has been a reformulation of the basic requirement to provide terms and conditions of employment to the nominated employee which are at least equivalent to the conditions that are, or would be, provided to an Australian worker performing the same work at the same location. Rather than referring to “base salary” for these purposes, there is now a definition of the “annual market salary rate” which applies to all nominations to simplify and strengthen this requirement. The annual market salary rate must still be over $53,900.
- Certification regarding employment conditions: Sponsors must now certify as part of their nomination of an employee that the employment contract complies with all applicable requirements imposed by Commonwealth, State or Territory law relating to employment including (but not limited to) the National Employment Standards. Employment Advisor from our independent & affiliated law firm, Sydney Migration International Legal, can assist in this regard.
- Skilling Australians Fund and Mandatory Labour Market Testing: This has been discussed in previous newsletters but has not yet passed through Parliament. Therefore the training benchmarks still apply for the time being.
