Australian immigration changes – new visas and their impact on Australian immigration

The Temporary Skilled Shortage (TSS) visa (Subclass 482), the effect on GSM visas and the Global Talent Visa scheme

A lot has been happening in Australian immigration in 2018. It has started with the skilled list for the Subclass 189 being amended. Some of the states & territories followed and their Subclass 190 & 489 visas have consequently been effected.

Most significant of all is that as fo 18th March, 2018 the Temporary Work (Skilled) Subclass 457 visa has been replaced by the Temporary Skilled Shortage (TSS) visa (Subclass 482).

The changes and differences between the Subclass 457 & Subclass 482 are significant. We wont attempt to address them all here but will highlight some key points and how these changes may effect your plans and reinforce the importance of the General Skilled Migration (GSM) visa program.

GSM Visa program

The GSM program has remained intact. It significance is shown by the figures below:

  1.  Subclass 189: 176 occupations remain eligible for this visa
  2. Subclass 190: 416 skilled occupations remain eligible for this visa program
  3.  Subclass 489:
    • 475 skilled occupations remain eligible for the State Territory nominated 489 visa program OR
    • 176 occupations remain eligible for the Family Nominated 489 visa programme

Temporary Employer sponsored visas – new Temporary Skill Shortage (TSS) visa (subclass 482) 

As mentioned the temporary Employer Sponsored visa (Subclass 457) has been replaced by the Temporary Skill Shortage (TSS) visa (subclass 482).

Whilst the Subclass 457 could be granted up to 4 years, the Subclass 482 visas can vary:

  1. Short term – up to 2 years if the occupation is on Short Term Skilled Occupation List (STSOL)
  2. Medium term – up to 4 years if on Medium Long Term Skilled Shortages List (MLTSSL) and a new Regional Occupation List (ROL)
  3. Labour Agreement Stream – this is where an employer has negotiated visa arrangements with the Department of Home Affairs (formerly the DIBP Department of Immigration & B0order Patrol).

Applicant requirements:

  • Work experience – Applicants must have a minimum of 2 years
  • English Language – Applicants must meet minimum english language requirements. e.g For an IELTS test they must score 5 overall, but have a minimum score of at least 4.5 on each component
  • Police clearances – Mandatory police clearances.

Sponsor/Employers:

  • Labour-market testing is required (e.g prescribed advertising standards must be met by the employer)
  • Applicant must be nominated in one of the 509 skilled occupations, unless the negotiated Labour Agreement allows otherwise.

Transitional arrangements – Individuals who are already in Australia on a Subclass 457 visa and need to renew this visa or apply for another visa (such as the Subclass 482 or a permanent visa – see below) will need to check with their employer or Migration Agent what their options are. 

Permanent Employer Sponsored visa – Employer Nomination Scheme (ENS) Subclass 186 visa & Regional Skilled Migration Scheme (RSMS) Subclass 187 visa

  • Applicants must be under 45
  • Applicants must have worked in Australia for 3 years (it was 2 years) on a 457 visa or 482 visa OR have undertaken a skills assessment under the Direct Entry Scheme
  • Applicants must have at least 3 years work experience
  • Applicants occupation must be on the:
    • MLTSSL for Subclass 186 visas (208 occupations)
    • MLTSSL or ROL list for Subclass 187 (673 occupations)

What are the key takeaways about these changes?

  •  It is more difficult to obtain a visa for Australia under both employer nomination schemes –  temporary and permanent residence. e.g Labour Market testing is required for almost all applications under the TSS visa. This wasn’t the case previously.
  • Students hoping to transfer onto an employer sponsored visa must have at least 2 years experience in the occupation for a temporary visa, or 3 years for a permanent employer visa.
  • Skilled applicants wanting to obtain permanent residency need to be under 45 years – unless some very limited exemptions are met.
  • If an applicant or their spouse is eligible for a GSM visa – 189/190/489 – then it is likely to be their best long term option to migrate to Australia permanently

Final comments

These changes have been a long time coming and even before the details were laid out, they have been widely criticised by the business community. They see this as as a significant disadvantage to recruiting, employing and incentivising skilled migrants to fill positions in Australia.

With this is mind, employers will be forced to look closer at the Australia employment market to fill their workforce needs. This will advantage applicants who hold a GSM visa or intend to apply for a GSM visa.

Global Talent Scheme 

In addition to the above there will be further changes to the Australian immigration program. The Department of Home Affairs have flagged a new scheme known as the Global Talent Scheme. This is a  pilot programme aimed at attracting high-income employees and tech specialists.  It is hoped it will alleviate some of the concerns from employers in Australia that they will miss out of skills need to grow their business due to the restrictions in the new Subclass 482 visa.

It will allow eligible established business and start-up companies seeking talent in STEM fields like biomedicine and agricultural technology to sponsor foreign nationals on a temporary residency basis, as well as offering a pathway to permanent residency. The scheme is due to commence on 1st July. As details emerge we will release them here.

 

If you would like to discuss your options – whether you would be eligible –  then please Contact Us.