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:
Skilled occupation lists: The MLTSSL will apply to the
ENS (186) and the
RSMS (187), with additional occupations available through the
RSMS to support regional employers
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.
Migration and Other Legislation Amendment (Enhanced Integrity)
Bill 2017
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.
Visa integrity laws pass House of
Representatives
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).
G'day UK? Bishop suggests US-style visa for Aussies
post-Brexit
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).
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.