NEW TSS, 186, 187 LEGISLATION COMMENCING 18 MARCH 2018
- the new Temporary Skill Shortage visa (subclass 482) (referred to by the Department as the ‘TSS visa’)
- related changes to the Employer Nomination Scheme (ENS) (subclass 186) and the Regional Sponsored Migration Scheme (RSMS) (subclass 187) visa programs.
- Updates in occupation lists
Your case officer can request a skills assessment for any occupation for 186 TRT (transition) and 187 TRT (transition) pathways.
- For 187 Direct Entry, the Department and RCB (regional Certifying Body) can consider whether an Australian “would move” to a region to perform the nominated work
- Cancellation grounds for TSS visa to apply if:
- applicant ceases to have a “genuine intention” to work in the position or
- position becomes no longer “genuine”
- Definition of “adverse information” broaden to include similar to PIC 4020, Fake IELTS, misleading information and bogus documents
- Schedule 3 criteria is not applicable with TSS Visa
Update regarding transitional arrangements
To manage subclass 457 visa applications that are currently undergoing review at the Administrative Appeals Tribunal (AAT), an approved nomination will not cease if:
- both the nomination and the associated visa application, were lodged before the TSS implementation date and
- within 12 months of the nomination being approved, a review application is lodged with the AAT in relation to a decision to refuse the associated subclass 457 visa application
I had to get a new subclass 457/TSS visa. Can I still access these transitional arrangements?
How long will these transitional arrangements be available?
186/187 visa new training requirements
|Businesses with turnover of less than $10 million per year will be required to make)|
|Businesses with turnover of $10 million or more per year will be required to make:|
186-187 visa AGE exemptions from 18 March 2018
- you held or had applied for your subclass 457 on 18 April 2017 and are applying under the TRT stream – see below; or
- you meet one of the age exemptions for these visa subclasses
Are there any transitional arrangements in place for the Direct Entry (DE) stream?
- currently hold an ENS or RSMS visa, or
- lodged your ENS or RSMS visa application on or before the date of the list changes.
Impacts for International Student visa holders
The replacement of the 457 visa with the TSS visa will not directly affect international students, however, international students considering a TSS visa as a post-study option will be required to meet the strengthened eligibility criteria, in particular the requirement for two years’ relevant work experience.
What if I hold, have applied for or intend to apply for a Temporary Graduate visa (subclass 485 visa)?
What if I hold, have applied for, or intend to apply for a Training visa (subclass 407 visa)?
- hold a subclass 407 visa granted before the date of change; or
- lodged your subclass 407 visa application before the date of change; or
- your sponsor lodged a subclass 407 nomination to nominate you before the date of change.
- you hold a subclass 407 visa granted before the date of change and you intend to apply for a subsequent 407 visa. If this is the case, you must nominate an occupation from the current occupation list, available at:
Will I be affected by occupation lists changes if I hold, have applied for, or intend to apply for a points-tested visa (subclasses 189, 190 and 489)
- are invited to apply for a subclass 190 or 489 visa on or after the date of the changes, your occupation must be on the STSOL, MLTSSL or Regional Occupation List (for state/territory 489 applicants).
- are invited to apply or intend to apply for a Skilled Independent and Family Sponsored points-tested visa (subclasses 189 and 489) after the date of changes, your occupation must be an eligible occupation on the MLTSSL.