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Changes to Assurance of Support withdrawn! Tougher requirements will not be implemented

Changes to Assurance of Support withdrawn! Tougher requirements will not be implemented

The Australian Government had previously announced that it would be making changes to some of the requirements for parent visas. The most significant changes relate to the minimum income requirement for assurers (mostly the children) of visa applicants. The visas that would have been affected by these changes are both the temporary and permanent versions of the contributory parent visa (143 and 173), the contributory aged parent visa (864 and 884) and the non-contributory parent visa (103 and 804), as well as the ‘remaining relative’ (835) visa. 

Under the changes, a single person wanting to sponsor their two parents would have needed an annual income of $86,607, up from $35,793, while a couple sponsoring two parents would need a combined income of $115,476.

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Skilling Australians Fund (SAF) to make ENS 186, RSMS 187 and TSS 482 visas more expensive! Lodge now to avoid additional costs!

Skilling Australians Fund (SAF) to make ENS 186, RSMS 187 and TSS 482 visas more expensive! Lodge now to avoid additional costs!

In an earlier article posed on 28 March 2018, we discussed the Government’s plans to introduce the Skilling Australians Fund (SAF) which employers would have to contribute to before a work visa can be approved.

We can now confirm that the legislation which introduces the fund was passed by the Australian Senate on 8 May 2018.

 

What is the Skilling Australians Fund?

The Australian Government introduced the SAF to fund projects that support apprenticeships and traineeships, and will focus on training Australian workers in new skills.

"This fund will ensure an ongoing source of revenue to support Australian skills development and the take-up of apprenticeships and traineeships. The new fund will replace the existing training benchmarks, which have not been successful in generating training opportunities to allow Australians to fill skill gaps,” the government said in the Budget.

 


The financial contributions (costs) required are:

  • Businesses with a turnover of less than A$10 million per year will be required to make a contribution of A$1,200 per year for each temporary overseas worker and a one off payment of A$3,000 for each permanent worker
  • Businesses with an annual turnover of A$10 million or more will be required to pay A$1,800 per year for each temporary overseas worker and a one-off payment of A$5,000 for each permanent worker

The levy is known as the Nomination Training Contribution Charge.

 

Which visas will be affected?

The SAF levy will apply to the following visa types:

  • Temporary Skills Shortage (TSS) Subclass 482 Visa, which replaced the Temporary Work Skilled Subclass 457 Visa in March 2018
  • Employer Nomination Scheme (ENS) Subclass 186 Visa and
  • Regional Sponsored Migration Scheme (RSMS) Subclass 187 Visa. 

 

Example of new cost:

  • Business with turnover of less than A$10 million per year
  • Sponsoring one employee on TSS Subclass 482 Visa for 4 years
  • SAF levy = A$1,200 X 4 = A$4,800 per TSS visa employee

 

Example of previous Training Requirement cost:

  • Business sponsoring three employees on Subclass 457 Visa for 4 years
  • Must meet training benchmark B, which is 1% of annual payroll
  • Payroll is A$250,000 per year
  • Training expenditure = 1% of A$250,000 = A$2,500.00

 

Comments by Principal Migration Agent and Lawyer Chris Johnston:

The Skilling Australians Fund is quite likely to be a big disappointment in terms of raising Government revenue. This is because the amount of money the SAF raises is linked to the number of employer sponsored visas lodged, and the number of visas lodged is likely to be much lower than in previous years, so the money raised will be lower than projected. 

The amount to be paid by employers will itself be a strong disincentive to go ahead with employer sponsored visas.

Another consideration on the numbers of visas that will be lodged, are the changes to visa criteria for the main types of employer sponsored visas from 18 March 2018.

All Subclass 482 TSS visa applicants (formerly the 457 visa) will need at least 2 years full time experience prior to the application being lodged.

All Subclass 187 RSMS and Subclass 186 ENS visa applicants will need at least 3 years of full time experience in the role prior to the visa being lodged.

Both of these requirements will reduce the number of applications, specifically international graduates who are only getting a 2-year Subclass 485 Temporary Graduate Visa to seek full-time employment after their studies are completed.

The SAF levy is effectively a tax on employers for lodging employer sponsored visas, which will reduce the number of employer sponsored visas. 

 

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

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Sources

https://www.openaustralia.org.au/senate/?id=2018-02-15.27.1

https://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=r5998

https://www.zdnet.com/article/budget-2017-tss-visa-levy-to-finance-au1-5b-skilling-australians-fund/

https://www.zdnet.com/article/budget-2018-au250m-for-skilling-australians-fund/

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New global talent visa as part of TSS 482 to attract entrepreneurs to Australia

New global talent visa as part of TSS 482 to attract entrepreneurs to Australia

A new visa to attract highly skilled workers from around the globe is set to increase Australian visa options.

The Australian Government has announced that the new Global Talent Scheme will come into effect from 1st July 2018 and will be trialled for one year.

It is believed that the new visa will attract people with exceptional technical skills and talent, which can be transferred to the Australian work-force and in turn encourage business growth.

“Industry figures say globally mobile, highly skilled and experienced staff can act as ‘job multipliers’ in Australian businesses, helping them to hire more local staff and fill critical areas of need.”

 - Minister for Jobs and Innovation, Michaelia Cash

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457 Visa Abolished and Replaced by TSS 482 Visa – Changes Summarised

457 Visa Abolished and Replaced by TSS 482 Visa – Changes Summarised
The TSS 482 visa was introduced on 18 March 2018. It replaces the 457 visa which will no longer be granted.

What are the main features of the TSS Visa?

The Temporary Skills Shortage Visa subclass 482 is a short term work visa.

The TSS allows approved employers (sponsors) to nominate approved positions from the occupation list for overseas workers to fill.

The overseas workers must have the required levels of skills and English to be granted the visa.

The features of the TSS as outlined by the Department fact sheet include:
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Australia Migration Skilled Occupation List Changes 17 January 2018

Australia Migration Skilled Occupation List Changes 17 January 2018


Key terms: Migration Policy Changes – 17 January 2018 Changes – Subclass 189 Skilled Independent – Subclass 190 Skilled Nominated visa – Subclass 489 Skilled Regional Sponsored visa – MLTSSL – STSOL – Occupation Lists – Subclass 187 Regional Sponsored Migration Scheme -

The Department of Home Affairs (DHA) has released updates to the following skilled occupation lists:

- Medium and Long Term Skills Shortage List (MLTSSL) and Short Term Skilled Occupation List (STSOL) for Skilled Independent and Skilled Nominated visas (subclass 189, 190, 489)

https://www.legislation.gov.au/Details/F2018L00046

- Medium and Long Term Skills Shortage List (MLTSSL) and Short Term Skilled Occupation List (STSOL) for Temporary Work (Skilled) visas (subclass 457)

https://www.legislation.gov.au/Details/F2018L00044

- Medium and Long Term Skills Shortage List (MLTSSL) and Short Term Skilled Occupation List (STSOL) for Employer Nomination Scheme (subclass 186) – Direct Entry Stream

https://www.legislation.gov.au/Details/F2018L00045

- Medium and Long Term Skills Shortage List (MLTSSL) for Temporary Graduate visa (subclass 485) – Graduate Work

https://www.legislation.gov.au/Details/F2018L00046

- Medium and Long Term Skills Shortage List (MLTSSL) and Short Term Skilled Occupation List (STSOL) for Training visa (subclass 407)

https://www.legislation.gov.au/Details/F2018L00047

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Key news and trends for Australian immigration in 2017 and what to expect for 2018

Friday, 12 January 2018

457, RSMS and ENS visa News | Partner Visa News | Australia Immigration Department NewsState Sponsorship NewsCitizenship | English Requirements News

 

Group discussion


Welcome to 2018! The year of 2017 had the most changes and announcements on Immigration Policy that I can remember. Here is our recap of the significant changes to the migration programme for Australia in 2017 and some of the discussions and ongoing developments for 2018.

The Immigration News in 2017 has been dominated by the announcements in April 2017 regarding the 457 and skilled occupation list changes and the proposed changes to Australian Citizenship application requirements.

The planning levels for permanent visas continue to be significant, at 190,000 permanent visas to be granted. The planning levels control the numbers of Australian permanent visas that are granted each year. If application numbers exceed planning levels, expect a longer processing time for your visa application.

I am going to make comments below about news in relation to a wide range of visas including business, skilled, visitor and family visas.

 

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85 points required for subclass 489 Skilled Regional Sponsored visas!

85 points required for subclass 489 Skilled Regional Sponsored visas!
Australia General Skilled Migration SkillSelect Invitation Round Results – 6 December 2017

Key terms: SkillSelect – Invitation to Apply – Skilled Independent subclass 189 - Skilled Regional Provisional subclass 489 – Expression of Interest – Points Test

Results for the latest SkillSelect invitation round on 6 December 2017 have been published. Here is a summary of the results:

  • 300 Skilled Independent visa invitations were issued
    • applications with 75 points or more were invited
    • applications submitted 18 October 2017 have been invited
  • 5 Skilled Regional Sponsored visa invitations were issued
    • applications with 85 points or more were invited
    • applications submitted 4 January 2017 were invited
The invitation for subclass 489 Skilled Regional Sponsored visas went back to applications submitted January 2017 (from 30 October 2017 in the previous round). This might be due to an earlier application achieving more points and having its EOI updated.
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Delayed benefits for new Australia Permanent Residents and Assurance of Support bonds to increase to THREE years!

Delayed benefits for new Australia Permanent Residents and Assurance of Support bonds to increase to THREE years!

Key terms: Mid-year Economic and Fiscal Outlook report – MYEFO – Social Welfare Benefits – Australia Permanent Resident – Family Tax Benefit – Paid Parental Leave – Carers Allowance – Assurance of Support – Partner Visa – Parent Visa

Australia has released its Mid-Year Economic and Fiscal Outlook (MYEFO) report and there are implications for new and prospective migrants to Australia. There are two changes proposed to be implemented on 1 July 2018, namely:

(1) Waiting period for social benefits will be extended to 3 years (currently 2 years) and will include Family Tax Benefit (FTB), Paid Parental Leave (PPL) and Carers Allowance
(2) Assurance of Support (AoS) financial bonds will increase to 3 years (currently 2 years)

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Possible Changes to the Skilled and 457 occupation lists from 1 January 2018 including removal of Hair or Beauty Salon Manager and Recruitment Consultant but adding University Tutor, Psychotherapist and some Real Estate occupations

Possible Changes to the Skilled and 457 occupation lists from 1 January 2018 including removal of Hair or Beauty Salon Manager and Recruitment Consultant but adding University Tutor, Psychotherapist and some Real Estate occupations
The Australian Government on 17 November released the following proposed changes for comment:

“The Department of Employment is responsible for undertaking a regular review of the Short-term Skilled Occupation List (STSOL) and Medium and Long-term Strategic Skills List (MLTSSL). These occupation lists are used for skilled migration to meet short and medium/long term needs for the Australian economy.

This page provides the list of occupations in the traffic light bulletin that are under consideration for a proposed change in their status on the STSOL and MLTSSL.”
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The Temporary Skills Shortage (TSS) Visa will begin March 2018! What does it mean for 457 Visa holders?

The Temporary Skills Shortage (TSS) Visa will begin March 2018! What does it mean for 457 Visa holders?
Key terms: Temporary Skills Shortage – TSS – Abolition of 457 visa – Employer Sponsored Visas – Employer Nomination Scheme – ENS – Regional Sponsored Migration Scheme – RSMS – Temporary Transition – TRT – Direct Entry – 457 visa changes

On 19 April 2017 the Australian Government announced the abolition of the 457 visa programme which will take place in March 2018. A new Temporary Skills Shortage (TSS) visa programme will replace the existing 457 visa programme.

Since the announcement was made, we at Work Visa Lawyers have received many questions from:

- 457 visa applicants about any new requirements

- 457 visa holders asking about visa validity and changing employers

- 457 visa holders intending to apply for a permanent visa through the subclass 186 Employer Nomination Scheme (ENS) or subclass 187 Regional Sponsored Migration Scheme (RSMS) visa

- Employers who are or intend to be Standard Business Sponsors (SBS) for 457 visas, about how the new TSS visa will impact their operations relying on overseas workers

To assist as many as possible about understanding the coming changes, please read the information below. Please note that the information provided is generic and may not be relevant to your specific situation. Please seek a detailed consultation with a Registered Migration Agent to understand your migration options and determine the best way forward for you and your family.
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457 Visa

We know all about 457 visas and 457 Business Sponsors requirements. Whether you operate a small business or manage a large Australian corporation Work Visa Lawyers® can provide you advice and complete assistance with a wide range of migration processes.Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston provides migration advice to people and businesses from all over the world.

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