Reminder: TSS Visa (Temporary Skill Shortage Visa) roll-out
From March 2018, the 457 visa will be abolished and replaced with the TSS visa (Subclass 482). TSS visa applicants will require to provide Genuine Temporary Entrant (GTE). A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work.
Note: Although it won’t roll automatically on 1 March, it’s only a matter of time before TSS visa or subclass 482 commence. The Department of Home Affairs has confirmed that it will start somewhere in the first half of March.
ENS and RSMS Visas Changes being introduced for March 2018
The key changes being introduced in March 2018 for the ENS and RSMS visa programs, subject to the transitional arrangements and the final drafting of regulations, are:
Salary arrangements: the new market salary framework planned to be introduced for the TSS visa will also apply to ENS and RSMS, including Temporary Skilled Migration Income Threshold (TSMIT) requirements Residency: The eligibility period to transition to permanent residence will be extended from two to three years Work experience: At least three years’ work experience relevant to the particular occupation will be required Age: All applicants must be under the maximum age requirement of 45 years at the time of application.
House of Representatives Third reading agreed to 27 February 2018 Amends the: Migration Act 1958 to: enable the publication of information in relation to sponsor sanctions; clarify the circumstances in which merits review is available for visas that require an approved nomination; and correct certain references to the Regulatory Powers (Standard Provisions) Act 2014; and Income Tax Assessment Act 1936, Migration Act 1958 and Taxation Administration Act 1953 to enable the department to collect, record, store and use tax file numbers for prescribed purposes in relation to prescribed visas.
Under the new laws, skilled visa sponsors who breach the law may be publicly disclosed. The laws would also allow for data-matching of tax file numbers to help ensure the salaries of Australian workers are not undercut by overseas workers. The reforms are set out in the Migration and Other Legislation Amendment (Enhanced Integrity) Bill 2017 which supports recommendations of the Robust New Foundations review into the 457 visa system (27 February 2018).
Foreign Minister Julie Bishop is pushing for a better working visa arrangement for Australians as part of free trade negotiations with the UK, and says the reciprocal USA E-3 model could work well (20 February 2018).