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Note: This content is based on information from the Department of Home Affairs as at 10 August  2018 and may be subject to change.

 

On this page, we provide the latest updates regarding the changes to employment-linked visa programs including the TSS, ENS, RSMS and Global Talent visa.

 

Click on the links below to jump to the section you wish to view.

 
 

The Temporary Skills Shortage (subclass 482) visa (TSS) commenced on 18 March 2018, replacing the Subclass 457 visa program. Click here to get to know the Temporary Skills Shortage visa in detail.

 

How well do you know the TSS visa? Try the Fragomen TSS Quiz!

 


 

The Skilling Australians Fund Charge

 
From 12 August 2018, the Skilling Australians Fund (SAF) charge is payable by sponsors at the time of lodgement of each TSS nomination application. It will also be payable when lodging nomination applications under the Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS) visa programs.  Click here to learn more about the SAF charge.
 
 

 

Labour Market Testing

 

Tougher labour marketing testing requirements are a feature of the TSS visa. Unless an international trade agreement applies to the nominated position, the Department must be satisfied that there is no suitably qualified and experienced Australian citizen or permanent resident who can undertake the position. LMT must have been conducted within the 4 months immediately prior to lodging the nomination application.

 

Click here to learn more about the LMT requirements. 

 


 

What is the new Global Talent Visa?

 

A pilot program commenced on  1 July 2018 for the introduction of a Global Talent stream within the TSS visa program

 

The GTS is a new labour agreement pathway under the TSS visa program, designed for highly-skilled cutting-edge roles that:

 

  • cannot be filled by Australians, and
  • are not suitably accommodated in other work or skilled visa programs (including the usual TSS visa program), or currently available labour agreement types.

 

GTS provides more flexible concessions than the standard TSS program or other currently available labour agreement through negotiation with the Department of Home Affairs

 

Click here to learn more about the Global Talent Scheme pilot program. 

 


 

Business Sponsorship renewals and auto-grant functions

 

The Department is introducing further initiatives to benefit low risk, accredited sponsors. Firstly, a simplified business sponsorship renewal form will be introduced to coincide with the TSS implementation. This will allow for the ‘auto-grant’ of low risk sponsorship renewal applications. Secondly, in some cases, TSS nominations by accredited sponsors will also be subject to automatic approval. The Department will also be revising the accredited sponsorship criteria to expand these arrangements to a wider cohort of sponsors.

 


 

Enhanced Compliance and Integrity Measures

 

At the same time as facilitating low-risk applications, the Department is introducing several measures to enhance the integrity of the temporary work visa program. This includes:

 

  • Increased information sharing with the Fair Work Commission and the Australian Tax Office to monitor for incidents such as underpayment of TSS visa holders;
  • Publication on the Department’s website of sponsors who have been sanctioned for compliance breaches; and
  • Longer processing times for sponsors who are flagged in the Department’s systems as having a history of non-compliance or other integrity concerns.

 


 

Occupation List Changes

 

The Department of Jobs and Small Business (DJSB) conducts a review of the STSOL, MLTSSL and ROL each January and July to determine whether any occupations:

 

  • should be added to the lists;
  • should be removed from the lists; or
  • should be moved from one list to another.

 

The reviews examine whether there is a shortage in the occupation and whether current and anticipated demand for the occupation can be met within the Australian labour market. Following a round of public consultation, the DJSB will then make recommendations to the Minister for Immigration and Border Protection who has final say on amendments to the lists.

 

The consultation period generally opens two months prior to the list change, when the DJSP releases their Traffic Light Bulletin of proposed changes. The DJSB accepts submissions with industry stakeholders during the consultation period visa an online form with supporting documentation and other evidence to demonstrate current labour market conditions for the occupation.  

 

If you would like to make submissions in relation to an occupation list review, please contact us.