The Temporary Skills Shortage (TSS) Subcategory 482 TSS Visa for Australia is now a reality even as the 457 Visa that was ended to make room for the former is now history. Is the new introduction by the newly named Department of Home Affairs (DHA) a better option, from the perspectives of the candidates, or was the 457 Visa a superior choice? Let’s find out!
Hark back to the month of April 2017! Then the incumbent Australian Premier, Malcolm Turnbull; and the Minister for the then Department of Immigration and Border Protection, Peter Dutton, declared a chain of significant planned amendments to the Australian Employer Sponsored Visa Programme, which were to end in the elimination of the 457 Visa Scheme.
When the last April the PM declared the ending of the 457 Visa the reach of this histrionic change was not entirely figured.
Now, nearly 12 months later, the DHS has, reportedly, elucidated many particulars involving the future of the skilled migration for Australia and this comprise far-reaching improvements to the English language and labour market testing conditions, and also the introduction of the obligatory police clearances and skill level conditions.
These changes have also had extensive consequences, if we talk about the corridors to Permanent Residency (PR) in the country.
Here as mentioned before an attempt is being made to figure the somewhat complex truth of the amendments to the Australian skilled migration in the wake of the launch of the new Subcategory 482 TSS Visa.
Launch of TSS Subcategory 482 TSS Visa
On March 19 this year, the DHS introduced into Law a new Legislative Instrument, for the TSS Visa, in the process, substituting the preceding 457 Visa. But, it will have no effects on the petitions submitted under the 457 Visa prior to the said date; these will continue to be processed under the previous 457 legislative structure.
Fundamentally, there is not much of a difference between the TSS Visa and the one that we had before, i.e., the 457 Visa, other than the validity time-frame of the visa offered.
What you ought to be aware of & what you ought to do
Allegedly, the Employer Sponsored Visa setting has become more complex than before. Consequently, here below is given some fact sheets to be used as reference resources, which cover the major matters.
New Visa Candidate Terms & Conditions
English Language Terms & Conditions
- For the visa aspirants given nomination for professions on the STSOL, it is mandatory that an IELTS test total, averaging 5.0, with no less than 4.5 in any of the 4 test units is received.
- For the visa aspirants offered nomination for professions on the MLTSSL, it is required that an IELTS test total, with a minimum 5.0, in any of the 4 test units is received.
Level of Skill
A new condition for visa candidates, in relation to the needed level of skill for a nominated line-of-work, has been started. It presently requires a visa candidate to possess not less than 2 years of appropriate and full time employment experience, or a comparable part time experience. As per the DHA, it will not accept casual work as fulfilling the employment experience condition.
It is mandatory that every aspirant aged 17 years or above, covered in a TSS Visa petition, offers national police clearance certificates from every nation in which they have lived, for a year or more, during the preceding decade, since becoming 16 years old.
But, where the visa candidate has nomination from an Accredited Sponsor, he can attach a letter of ‘Good Character’ duly inked by the sponsoring recruiter/firm, confirming that visa aspirant has not been found guilty of any kind of criminal wrongdoings. Still, every aspirant must still offer any compulsory Australian Federal Police clearances.
New Labour Market Testing (LMT) Terms & Conditions
Under the subcategory 457 Scheme, only a few nomination petitions had to furnish proof of LMT. The professions that required proof of the LMT normally involved Trade occupations and managerial and professional roles were not included.
Post 19 March 2019, with the launch of the new programme, Sponsors have to offer proof of LMT for every nomination petition submitted unless international trade obligations are applicable. It is required that the LMT proof accompanies the nomination petition and cannot be given afterwards. Inability to conform to the requirement will lead to a denial.
These are the latest LMT requirements:
- Not less than 2 announcements to be brought out in Down Under, in English, in any of these mediums:
o On a national employment website.
General classifieds websites or advertisements, exclusively via social media notification like LinkedIn, Twitter, Facebook, or Instagram are not regarded suitable.
o In national print media – that is, national newspapers or magazines that are published not less than monthly and marketed all through Oz.
o on national radio – that is, radio programs that are streamed or syndicated nationally
o on the business website, in case the sponsor is recognized
- The announcements contain these details
o The title, or a depiction, of the opening
o The name of the sponsor or the employment bureau being employed by the sponsor
o Yearly wages for the position (unless the yearly wages were more vis-à-vis the Fair Work High Income Threshold, presently around AUD 142,000). It is okay to bring out an income range.
Latest Visa Petition Costs for the Subclass 482 – TSS Visa
Short Term TSS Visa (for a maximum period of 2 years)
- Main Candidate: $1,150
- Adult Dependent: $1,150
- Child Dependent: $290
Long Term TSS Visa (for a maximum period of 4 years)
- Main Candidate: $2,400
- Adult Dependent: $2,400
- Child Dependent: $600
Nomination petition lodgement charges $330 (same as before)
As mentioned before, the Employer Sponsored Visa setting has become more complex than ever but the good news is that the Priority Processing of the TSS (Subcategory 482) Visa Applications is possible.
TSS Visa Petitions Priority Processing
As mentioned before, one can make an appeal for priority processing for a TSS visa application though only in certain specific cases.
Under these particular situations, the Department of Home Affairs (DHA) will automatically give priority processing to the TSS Nomination and Visa petitions:
- In a situation where in a recruiter sponsor, under nomination, wants to move a present 457/TSS Visa holder over to their sponsorship.
- In a situation where in where the sponsoring recruiter/firm has recognized standing.
- In a situation where in where the position being duly nominated is in a regional area.
- Nominations and Visa applications submitted under a Labour Agreement.
In such situations, the processing times are presently averaging anywhere from 1 to 4 weeks to finalization, unlike the regular processing times of 5 to 9 months.
In the situations not discussed above, it could be possible for the sponsor to work out a business case, to validate a request for priority processing. In making out a business case, situations which may be applicable to a real request would be like the ones mentioned here under:
- Claims of large-scale agreements/ventures with looming deadlines.
- The opening being nominated is a key strategic management responsibility, vital to the operation of the business’ present business plan (obtain a copy of the business plan, in case it can be done).
- The nominated person is important to fulfilling the contractual obligations with a customer and the performance of that contract, in fulfilling mission deadlines (obtain a copy of the agreement, in case it can be done).
- A hold-up or interruption in the processing of the petition will have an effect on the placement of the local workers, needed to offer their professional services on the same mission.
- Provide a rough idea of the Dollar price/loss, in case the processing of the visa petition is further held-up or deferred.