• Insights

Details Released on New Temporary Visa and Permanent Residence Programs

March 20, 2018

insight-news-default

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

The Australian government has released the following key guidelines, legislation and formal written policy regarding the new Temporary Skill Shortage Visa, the Permanent Employer Sponsored Scheme and the Global Talent Scheme Visa:

  • Labor market test rules and exemptions;
  • Transitional measures for subclass 457 visa holders and applicants who held or had applied for their subclass 457 visa prior to April 18, 2017; and
  • Details on the Global Talent Scheme, planned as a pilot starting July 1, 2018.

The situation

The Australian government has released guidelines, legislation and formal written policy regarding the new Temporary Skill Shortage (TSS) Visa, the Permanent Employer Sponsored Scheme and the Global Talent Scheme.

A closer look

Key guidelines are outlined below.

  • Labour market testing rule changes​
    • New timing conditions. The new policy states that employers will need to conduct a labour market (LMT) for at least 21 consecutive days, under the following new conditions:
      • In the 12 months (six months from June 18, 2018) before the nomination application is lodged; and
      • After any cutbacks or redundancies of Australian citizens or permanent residents from positions in the nominated occupation in the business of the sponsor (or an associated entity) in the four months prior to the nomination application.
      • Impact. LMT will apply to a wider group of applicants.
         
    • New evidence requirements.
      • The nomination application must be accompanied by evidence of LMT and information about cutbacks or redundancies of Australian citizens or permanent residents.
        • Impact. Unless an International Trade Obligation applies, sponsors will need to provide specific evidence of their attempts to recruit Australians for the nominated role for each TSS nomination, including where a sponsor is re-engaging a subclass 457/TSS holder for a further period. In most cases, this will include copies of advertisements and receipts for any fees paid. This means that LMT will apply to most TSS nomination, unless exempt.
           
  • Transitional arrangements for ENS and RSMS visa programs. It has been confirmed that the transitional arrangements for subclass 457 visa holders who held or had applied for a subclass 457 visa before April 18, 2017 to apply for permanent residence under the old rules, will be in place for four years, i.e. they will expire on March 18, 2022.
    • Impact. The extension of these transitional arrangements to March 18, 2022 will allow this group of subclass 457 visa holders and applicants to continue to rely on old provisions of the ‘Temporary Residence Transition’ stream including the maximum age limit of 50 and the requirement to have worked at least two out of the three years under a subclass 457 visa prior to nomination lodgement, will remain at two years.

 

  • Age and skill exemptions to ENS and RSMS visa programs. The exemptions to skill, age and English language requirements continue to apply to ENS and RSMS applications lodged after March 18, 2018. There is one notable change for applicants who rely on the age exemption based on earning at or above the Fair Work High Income Threshold. The period they need to evidence their earnings has been reduced from four to three years. This exemption applies to applicants in the Temporary Residence Transition stream who apply on or after March 18, 2018 (including transitional applicants).
    • Impact.  This will benefit high income applicants aged 45 and over who will be able to apply for permanent residence after three years rather than four years.

 

  • New Global Talent Scheme. Effective July 1, 2018, the government will run a 12-month pilot of a Global Talent Scheme, which is intended to attract highly-skilled global talent. It is anticipated that the new scheme will consist of two streams:
    • Established business stream intended for businesses with an annual turnover of at least AUD 4 million that will be able to sponsor highly skilled and experienced individuals for positions with earnings above AUD 180,000; and
    • Start-up stream for technology-based and STEM-related start-up businesses recognized by a start-up authority.
       
    • Sponsors in both streams will have to demonstrate their compliance with workplace and immigration law and conduct LMT for the specific positions. It is intended that eligible applicants would be entitled to a four-year Temporary Skill Shortage visa and have a pathway to permanent residence. They would also benefit from age cap exemptions and faster and more simplified processing. A cap on the number of visa applicants per year under this scheme would apply. The initial settings of the Global Talent Scheme have been released for consultation with industry and other stakeholders.
    • Impact. The proposed Global Talent Scheme may allow businesses to access niche and emerging occupations outside of the occupation lists that currently apply to the TSS visa.

 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

MARN: 0004980

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 28, 2026 | United StatesUnited States: Global Entry Opens to Eligible Citizens of Saudi Arabia
October 28, 2026 | CanadaCanada: Temporary Measures for Haitian and Sudanese Nationals Updated
October 28, 2026 | United StatesGlobal Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers
October 28, 2026 | MalaysiaMalaysia: Additional Permission to Study and Second Work Location Applications Moving Online
October 28, 2026 | New ZealandNew Zealand: Expanded Visa Pathways for Business Visitors and Specialist Services Workers
October 28, 2026 | United StatesUnited States: Global Entry Opens to Eligible Citizens of Saudi Arabia
October 28, 2026 | CanadaCanada: Temporary Measures for Haitian and Sudanese Nationals Updated
October 28, 2026 | United StatesGlobal Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers
October 28, 2026 | MalaysiaMalaysia: Additional Permission to Study and Second Work Location Applications Moving Online
October 28, 2026 | New ZealandNew Zealand: Expanded Visa Pathways for Business Visitors and Specialist Services Workers
October 28, 2026 | United StatesUnited States: Global Entry Opens to Eligible Citizens of Saudi Arabia
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.