Australia has implemented a new visa subclass

sydney opera house, waterfront, Australia
The new TSS (Temporary Skilled Shortage) visa has come into force, replacing the subclass 457 visa, making the following changes:
 
  • For 482 Short-Term (ST) and Medium to Long-Term (MT) streams, the proposed occupation is checked against the current occupation list as of the date of application. The list in effect at the date of submission determines what occupations are eligible for TSS nominations.
     
  • TSS visas are only available for full-time positions.
     
  • Applicants for the TSS are required to have at least two years’ relevant work experience.
     
  • The English language requirement for applicants under the ST stream remains at 4.5 IELTS or equivalent. Applicants under the MT stream must reach proficiency of 5 in each band.
     
  • The visa application charge for the TSS ST stream is AUD 1,150 and for the TSS MT stream is AUD 2,400.
     
  • Applicants must show that they will not impose an undue burden on the Australian health system. Where applicants have health problems and would otherwise fail the health exam, sponsors can no longer sign a health undertaking. 
     
  • New condition 8607 specifies the holder may work only in the occupation in relation to the TSS issued. Employers must lodge a new nomination and visa and pay associated fees. 
     
  • There is a new term called Annual Market Salary Rate (AMSR). It is defined as what an Australian citizen or permanent resident earns or would earn for performing equivalent work on a full-time basis for a year. This is as long as the visa applicant works in the same workplace and location.
     
  • The authorities may cancel a TSS visa if the applicant ceases to have a “genuine intention” to work in the position or position becomes no longer “genuine.”
     
  • Sponsor must notify Immigration if TSS holder fails to commence employment per employment agreement.
 

Visa Validity 
 

  • Applications for ST visas can be for either one or two years.
     
  • Applications for MT visas can be between one and four years.
 

Key Considerations

 
Applications lodged before the implementation date for standard business sponsorship (SBS), 457 nomination and 457 visa will be processed under the current rules. This will be apart from 457 nomination applications lodged without a related visa application – these will be withdrawn and the nomination fee refunded.
 
This summary was prepared using information obtained from the Australian Department of Home Affairs.
 
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debra Beynon, Regional Immigration Manager, APAC.