visa application form and passport, apply and permission for foreigner country

Introducing the Temporary Skill Shortage Visa and the Global Talent Scheme Pilot

On 18 April 2017, now Minister for Home Affairs, Peter Dutton, together with Prime Minister Malcolm Turnbull, made a surprise announcement that the popular 457 visa would be abolished by March 2018, and replaced with a new visa in an effort to “put Australians first”.  

Since the announcement, information about the new Temporary Skill Shortage (subclass 482) (‘TSS’) visa has been scarce, leaving many employees currently on 457 visas feeling uncertain about their future.  The legislative requirements of the new TSS visa were finally released on 18 March 2018.

Here’s what we know:

  • The occupation list under the 457 scheme has been reduced and split into 2 lists:
  • Higher English Language Requirements for those employed in an occupation on MLTSSL.  This means that overseas workers with no option of permanent residency will need to meet a higher English Language Requirement than they would have had to under the old 457 rules.  The rationale for this is arguably to encourage greater assimilation into Australian culture by immigrants who may become permanent residents.
  • More robust Labour Market Testing arrangements.  Employers looking to fill a nominated occupation with an overseas worker must demonstrate that in the 6 months prior to applying for the TSS nomination application, they tried, but failed, to fill the position with an Australian worker.  Although this was a requirement under the old 457 scheme, there are now clearer guidelines on what is defined as acceptable Labour Market Testing evidence.
  • Visa applicants will need at least 2 years full time work experience in the nominated occupation.  This is in contrast to the old requirement, which necessitated demonstrating that they had the skills for the position with reference to various types of employment over the past 5 years.  For many of the standard 457 holders, such as students, recent graduates and travellers on working holiday visas, this requirement may be difficult to meet.

For businesses who have had highly valued staff (paid more than $180,000), or highly skilled employees in the technology sector affected by the 457 visa changes, relief may be found in the proposed Global Talent Scheme (‘GTS’) announced by the government on 19 March 2018.

The GTS will be piloted from 1 July 2018 for 12 months, and is aimed at attracting highly skilled global talent by targeting those in the science, technology, engineering and math (STEM) sectors, or those with salaries of more than $180,000.

Unlike the 457 or TSS visa schemes, the GTS will not have a set list of occupations, nor will it have restrictions on age or permanent residency.  It will be available for businesses with an annual turnover of more than $4 million, or recognised start-ups able to demonstrate a track record of, or a plan for, hiring and training Australians.  Successful applicants will be issued with a 4 year TSS visa, with permanent residency available as an option after 3 years.  

If you require assistance in navigating the changes to Australia’s visa structure, please don’t hesitate to get in contact with our Employment and Immigration Law Team.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

Can i put my home on Airbnb?

Airbnb is a form of short-term rental accommodation. To add your property to Airbnb in NSW, you are required to meet several laws and regulations governing short-term rentals.

When are liquidators required to seek approval to retain legal counsel?

When does a liquidator (or the company he or she is appointed to) need court, creditor, or committee approval to validly retain a solicitor to act in a liquidation matter which is likely to extend for longer than three months?  The answer to this question has only recently been settled.

Proposed changes to building and construction law in NSW

The Building Bill 2022 (the Bill) is the key avenue through which the NSW Government has proposed to reshape the culture of the building and construction industry by eliminating poor performance and improving the quality of building statewide.

Can you dismiss an employee who fails to return to the office?

Slowly but surely, most employers are requiring employees to return to the office for at least a portion of their working week. Some employers continue to struggle with employees resistant to returning to the office or those who have an expectation that they can continue to work from home whenever it suits them.

New powers to combat phoenixing in construction

The rise of phoenixing in the building and construction industry in Australia in recent years has proved a significant challenge to regulators. Mismanagement of time or cashflow can quickly propel businesses into insolvency.

The NSW Building Commission’s extraordinary powers

In late 2023, the NSW Government passed the Building Legislation Amendment Bill 2023 (Amendment Bill). The Amendment Bill established the NSW Building Commission and granted it extraordinary powers to enter construction sites, inspect work and take away information and materials.

© 2024 Coleman Greig Lawyers   |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230