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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.

UPDATE: Since writing this article we have released more information on the TSS 482 visa. See the links below for more information. 

Top 10 Facts You Need to Know About the New Australian 482 Visa"

Video: Top 10 Facts You Need to Know About the New Australian 482 Visa

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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PIC 4020 - Why application records and information accuracy are important to avoid future visa complications and application refusals

PIC 4020 - Why application records and information accuracy are important to avoid future visa complications and application refusals

Key terms: Public Interest Criterion – 4020 – False or misleading information – Bogus documents – Visa cancellation – Visa refusal

UPDATE:

The Legislative Instrument which introduced the change has been disallowed on 5 December 2017. This means that all future applications will be subject to 12 months' of consideration for PIC4020.

Applications which were lodged between 18 November 2017 to 4 December 2017 will be subject to the 10 years' consideration.

 

Conditions targeting fraudulent or misleading information in visa applications made much tougher – PIC 4020 soon to cover last 10 years

Section 4020 is currently targeting bogus documents or information that is false and misleading provided to the Australian Government in the last 12 months prior to an application.

The changes will extend the time to documents and information provided in the last 10 years.

Here is a description of the changes:

PIC 4020 (1)(b) which relates to bogus documents, has been amended to broaden the powers to refuse a visa on the basis of bogus or fraudulent documents submitted in relation to visa applications:

- In the previous 10 years, rather than the previous 12 months; and

- In relation to previous visa applications, as well as visas previously granted 

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Australia Citizenship News and Update – Now is the time to apply for your Australian Citizenship

Australia Citizenship News and Update – Now is the time to apply for your Australian Citizenship


Key terms: Citizenship – Australia – Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (the Bill) – High Court citizenship ruling – Dual Citizenship – Australia Citizenship requirements – Australia MPs – Banarby Joyce – Fiona Nash – Malcolm Roberts – Larissa Waters – Scott Ludlam – Nick Xenophon – Matthew Canavan

On 20 April 2017 the Australian Department of Immigration and Border Protection (DIBP) announced that changes are being introduced to the Australian citizenship requirements. The changes include:

- Increased residency requirements (from one year to four)

- Meeting an English requirement

The changes are meant to be in effect once the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (the Bill) gets passed in Parliament. Unfortunately applications yet to be decided were also put on hold until the Bill can be passed.

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Australia General Skilled Migration SkillSelect Invitation Round Results – 26 July 2017

Australia General Skilled Migration SkillSelect Invitation Round Results – 26 July 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 26 July 2017 have been published. Here is a summary of the results:
  • 1000 Skilled Independent visa invitations were issued
    • applications with 70 points or more were invited
    • applications submitted 15 July 2017 have been invited
  • 210 Skilled Regional Sponsored visa invitations were issued
    • applications with 60 points or more were invited
    • applications submitted 25 July 2017 were invited

 

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