Temporary skill shortage visa

On March 18, 2018, the 457 (temporary work skilled) visa was abolished and replaced by Temporary Skill Shortage visa (subclass 482).

This visa will enable employers to sponsor overseas skilled workers while they are in Australia or outside Australia to fill in the temporary skill shortage and at the same time giving priority to Australian citizen workers through its mandatory labour market testing.

The government has passed the legislation under the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018 to reflect the new TSS visa.

The visa applicant can apply under either of the two main streams:

SHORTTERM STREAM. It allows the applicant to work in Australia for two years and bring in their families.

This visa can be renewed for a further two years, provided the occupations nominated are listed on the short-term skilled occupation list (STSOL).

There is no age requirement for this visa.

The applicant must meet the English requirement of 5.0 for IELTS with not less than 4.5 in each component or other English test equivalent, unless the applicant holds a passport from the UK, Ireland, USA, Canada, or New Zealand, or has completed 5 years of education at the secondary or tertiary level where the medium of instruction was English.

Two years of full-time work experience in the nominated occupation are required, which means that a new graduate cannot apply for this visa as work experience refers to those acquired after completing the qualification.

There is no option for permanent residence under this stream.

MEDIUM TERM STREAM. It allows the skilled worker to work in Australia for four years, with eligibility to apply for permanent residence after working for 3 years.

No age requirement for this visa, but the applicant must be under 45 years old when he applies for PR.

Two years of full work experience are required under this visa, and the occupation nominated must be from occupations listed under the medium and long term strategic skills list (MLTSSL).

The English requirement is 5.0 in each IELTS test component or other test equivalent unless the applicant is a passport holder from the UK, Ireland, USA, Canada, or New Zealand, or has completed five years of education at the secondary or tertiary level where the medium of instruction was English.

THERE ARE THREE STEPS FOR TSS VISA:

First step: the employer must apply as an approved Standard Business Sponsor. It must provide proof that it is lawfully and actively operating as a business in Australia, registered for an ABN, and has a commitment to training Australian citizens or Australian permanent residents.

Second step: Upon approval as a standard business sponsor, the employer must nominate the applicant for an occupation listed in the occupation list.

This is what we call 'nomination stage'. The employer must demonstrate that the occupation is genuine, consistent with the skill level nominated, and that the work offered in the employment contract is full-time.

The employerwill also meet the salary and employment condition similarto its Australian citizen employees.

The new legislation requires employers to determine the "annual market salary rate" (AMSR) to be paid to the nominee, which is not less than the current TSMLThreshold of $53,900.00 for an annual salary.

Labour Market Testing (LMT) is mandatory, which requires employers to submit evidence that they have advertised the position to local employees within the previous 12 months before lodging the nomination if filed before June 1, 2018.

The only exception to LMT is when the nominee is from a country subject to international trade obligations.

Under the TSS visa, the training benchmark under the old 457 visa is replaced by the Skilling Australian Fund (SAF) levy, which must be paid by the employer during the nomination application.

The levy is refundable if the nomination is refused. The employer will pay $1,800 each year of TSS visa if the turnover of business is more than $10 million within the 12 months of lodging the nomination or $1,200 each year of visa if the turnover of business is under $10 million.

Third step: The visa applicant will apply after sponsorship and nomination approval by the employer.

This is where the work experience, skills assessment, qualification, and English test results will have to be submitted.

The nominee will also have to satisfy the genuine temporary entrant (GTE), that the intention of the applicant is to stay in Australia temporarily and his circumstances and immigration history is such that he will comply with the condition of his visa if granted.

The visa applicant will also meet the character and health requirements.

The visa fee for short-term stream applicants is $1,150, and the fee for medium-term stream applicants is $2,000, which must be paid by the employer.

*Atty. Jessie Icao - BA, LLB, SAB | LPN 551 1637 | Philippine Lawyer. JESSIE ICAO is a practicing solicitor in the state of New South Wales and a registered migration agent since 1993 (MARN 9367993). He is admitted as a lawyer in the Philippines.