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The TSS Visa has Officially Replaced the 457 Visa

Sunday March 18th was the official date of implementation for the major visa changes announced last year. The Temporary Skill Shortage (TSS) Subclass 482 visa has now officially replaced the 457 visa program. The TSS visa has three separate streams which are:

Short term Stream – STSOL

  • Applicants with occupations on the STSOL List are eligible for a visa of up to 2 years
  • TSS visa can be renewed for a further two years, onshore
  • It may be possible to renew for a further two years from offshore, but it is likely to be difficult to prove the applicant meets Genuine Temporary Entrant (GTE) requirements
  • Visa holders are allowed to remain in Australia for no longer than four years
  • No pathway to Australian permanent residency exists for applicants with occupations on the STSOL

Medium Term Stream -MLTSSL

  • Applicants with occupations on the MLTSSL List are eligible for TSS visas of up to 4 years
  • Applicants with occupations on the MLTSOL will be eligible for permanent residency through the subclass 186 and subclass 187 Transitions stream after 3 years
  • Applicants with occupations on the MLTSSL with a positive skills assessment may be eligible for permanent residency through the Direct stream

Labour Agreement

  • Negotiated on an employer case by case basis

 

The TSS Visa program also introduces new rules regarding sponsorship and visa nominations.

Changes for sponsors

  • Elimination of the 18 month sponsorship approval for start-up companies
  • Sponsorships approved for 5 years
  • Training benchmarks to be replaced by compulsory contributions to a Skilling Australians Fund (SAF)

Skilling Australians Fund (SAF)

  • Contributions by “small” businesses with annual turnover under $10 million:
  • TSS visa – $1,200 per annum for each year of the visa, payable at time of nomination
  • Employer nominated permanent residence ENS 186/RSMS 187 – $3,000.00 one off contribution payable at time of nomination
  • Contributions by “large” businesses with annual turnover over $10 million:
  • TSS visa – $1,800 per annum for each year of the visa, payable at time of nomination
  • Employer nominated permanent residence ENS 186/ RSMS 187 – $5,000 one off contribution, payable at time of nomination

Changes to the nomination process

  • The nominated occupation must be listed on the relevant occupation list at the time of nomination. The occupation will not be assessed again at the visa stage.
  • Applicants are required to have 2 years of work experience within the nominated occupation for both streams. Qualifications alone are no longer acceptable.
  • Revamped Labour Market Testing is required for all applications (Gumtree advertisements will no longer be acceptable)
  • LMT needs to be undertaken for a minimum duration (yet to be announced)
  • Applicants with STSOL occupations must meet GTE requirements (applicants need to show that they only intend to stay in Australia for a short period and will leave on the completion of their TSS visa)

Visa application fees

Short term Stream – STSOL

  • Per adult applicant (over 18) – $1,150.00 vs $1,080.00 for a subclass 457 visa
  • Per applicant under 18 – $290.00 vs $270.00 for a subclass 457 visa

Medium Term Stream -MLTSSL

  • Per adult applicant (over 18) – $2,400.00 vs $1,080 for a subclass 457 visa
  • Per applicant under 18 – $600.00 vs $270.00 for a subclass 457 visa

 

For current 457 visa holders wishing to apply for the TSS program

  • Time spent by applicants with occupations on the MLTSOL on a TSS visa can be added to time spent on a 457 visa to qualify under the Transitional stream for an ENS 186 or RSMS 187 visa
  • If the 457 visa holder’s occupation is removed from the STSOL or the MLTSSL, the applicant cannot access the TSS visa

 

Other important information regarding the TSS visa

DOHA have the discretion to request a skills assessment for a Transitional 186 or 187 visa application.

If you are a 457 visa holder or applicant, or plan to apply for a TSS visa and are unsure about how the changes in legislation may affect you, please don’t hesitate to get in touch with us by calling 1300 887 818

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