Australian Immigration Update - Griffith University · permanent Employer Nomination Scheme (Subclass 186) visas and Regional Sponsored Migration Scheme (Subclass 187) visas. Once

Australian Immigration UpdateUpdateImplementation of the TSS Visa

The information contained herein is of a general nature only and shouldnot be relied upon as professional advice.

May 2018

1. Looking back at 2017

2. Processing update

3. Introduction of the TSS Visa

4. Permanent Residence under the Employer Nomination

Agenda

4. Permanent Residence under the Employer Nomination Scheme

5. Skilling Australians Fund Levy

6. Other Visas to Consider

7. What does this mean for Griffith?

8. Questions

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Looking back at 2017On Tuesday 18 April 2017, Prime Minister Malcolm Turnbull announced the Government’s plans

to abolish the 457 visa and replace it with a new visa – the Temporary Skill Shortage (TSS)

visa.

“Australian workers must have priority for Australian jobs, so we are abolishing the

457 visa” - Malcolm Turnbull

April 2017 July 2017 18 March 2018

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Introduction of MLTSSL and STSOL

Over 200 occupations removed

Introduction of TSS visa MLTSSL and STSOL updated

Introduction of police clearance requirement

Changes to Employer Sponsored PR

Processing Update � As of end of February 2018, the Department had approximately 34,000 457 cases on hand

� Average 457 processing times for standard business sponsors as advised by the Department at a recent briefing SIRVA attended:

– Sponsorship: 102 days

– Nomination: 76 days

– Visa: 115 days

However, the University is an Accredited Sponsor and receives priorityHowever, the University is an Accredited Sponsor and receives priority

Processing (approximately 5 working days)

� A new processing team based in Parramatta, NSW will be tasked with assessing TSS visa applications

� Average ENS processing times as advised by the Department at a recent briefing SIRVA attended:

– Direct Entry: 10 – 15 months

– TRT: 8 – 9 monthsCONFIDENTIAL AND PROPRIETARY ©2018 SIRVA Worldwide, Inc.

4

Introduction of the TSS Visa

The 457 visa has now been abolished and replaced with the

Temporary Skill Shortage (TSS) (Subclass 482) visa as of 18

March 2018.

Application process:

1. Sponsorship application


1. Sponsorship application

2. Nomination application

3. Visa application


The TSS visa program is comprised of a Short-Term stream of up to two years

and a Medium-Term stream of up to four years.

The Short-Term stream includes the following criteria:

� Renewal: Capacity for one visa renewal onshore only

� Genuine Temporary Entrant requirement

� For non-regional Australia, occupations on the STSOL apply

� For regional Australia, occupations on the STSOL apply, with additional occupations listed on the ROL available to support regional employerslisted on the ROL available to support regional employers

The Medium-Term stream includes the following criteria:

� Renewal: Capacity for unlimited visa renewal onshore and a permanent residence pathway after three years

� For non-regional Australia, occupations on the MLTSSL apply

� For regional Australia, occupations on the MLTSSL apply, with additional occupations listed on the ROL available to support regional employers

� This stream has a higher English language requirement than the Short Term stream



Eligibility criteria for both streams includes:

� Work experience: At least two years full time work experience in the nominated occupation (or a related field) in the last 5 years

Nominated position must be full-time� Nominated position must be full-time

� Evidence of labour market testing must be submitted at the time of nomination lodgement

� Revised framework for assessing market salary rates



Labour Market Testing (LMT)

� Required period for LMT: LMT must have been undertaken for 21 consecutive calendar days in the 12 months before lodging the nomination application for nominations lodged before 18 June 2018 (this period will be reduced to 6 months from 18 June 2018). This period is reduced to 4 months from 18 June 2018). This period is reduced to 4 months where any redundancies or retrenchments in the same or similar occupations have occurred

� Exemption: Exemption to LMT only available if it would be inconsistent with Australia’s international trade obligations



Required Evidence of LMT: Copy of advertisement(s) and

receipt(s) for any fees paid

Advertising will generally be considered sufficient if:

� The nominated position has been advertised in Australia

� The advertisement was in English and included:

– The title, or a description, of the position;

– The name of the sponsor or the name of the recruitment agency being used by the sponsor ; and – The name of the sponsor or the name of the recruitment agency being used by the sponsor ; and

– The annual earnings for the position (unless greater than the Fair Work HIT, currently $142,000)

� At least 2 advertisements were published on a national recruitment website, in national print media, on national radio or if the sponsor is accredited, on the website of the sponsor

� If the advertisement was published on a website, it 'remained live' for at least 21 consecutive calendar days. If the advertisement was published in print media or on radio, applications or expressions of interest for the advertised position were accepted for at least 21 consecutive calendar days



Transitional arrangements – Labour Market Testing

� The Department has advised they are taking a flexible approach when assessing LMT requirements, provided the sponsor has made genuine efforts to recruit Australian workers (until the legislation has been passed)

� During this transitional period (subject to the passing of the � During this transitional period (subject to the passing of the legislation), positions must have been advertised in Australia and in English. The Department will, however, take a flexible approach to other requirements including:

–Certain type of information included in the advertisement (eg. salary)

–The period an individual advertisement remained 'live'

–In terms of the number of advertisements that meet the specified criteria, where efforts to source local workers have been undertaken



Other points to note:

� Next STSOL and MLTSSL update to take place July 2018

� Inclusion of the nominated occupation on the eligible occupations lists is now a time of application requirement

� Health criteria have been amended and sponsors are no longer required to sign a Health Undertaking as part of the longer required to sign a Health Undertaking as part of the waiver process (where an applicant fails the health requirement)

� New visa condition 8607 applies to TSS visas (similar to condition 8107 which applies to 457 visas)


Permanent Residence under the Employer Nomination Scheme

� Occupation list: Only the MLTSSL applies now, with additional

occupations available to support regional employers for the

Regional Sponsored Migration Scheme

� Residency: The eligibility period has been extended from 2 years

to 3 years – TRT stream

� Work experience: At least 3 years relevant work experience

� Age: All applicants (under both the Temporary Residence � Age: All applicants (under both the Temporary Residence

Transition Stream and Direct Entry Stream) must be under

the maximum age requirement of 45 at the time of

application (unless exempt)

� Grandfathering arrangements under the TRT stream apply for

those who were existing subclass 457 visa holders (or subclass

457 visa applicants) as at 18 April 2017

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Skilling Australians Fund Levy

This levy will replace the current training benchmarks for

employers sponsoring workers on TSS visas and

permanent Employer Nomination Scheme (Subclass 186) visas and

Regional Sponsored Migration Scheme (Subclass 187) visas.

Once implemented, organisations with turnover of $10 million or

more per year will be required to:more per year will be required to:

� Make an upfront payment at nomination stage of $1,800 per year for each employee applying for a Temporary Skill Shortage visa

� A one-off payment of $5,000 for each employee being sponsored for a permanent Employer Nomination Scheme (subclass 186) visa or Regional Sponsored Migration Scheme (subclass 187) visa

This cost cannot be passed onto the visa applicant


Skilling Australians Fund Levy Lodgement fees are subject to a credit card surcharge and they may change without notice. The lodgement fees provided are current as of May 2018. These costs are approximate only and do not include SIRVA professional fees, taxes, 3rd party disbursements etc. Lodgement fees will be indexed annually in line with CPI

Visa Type Previous Government Fees Government Fees From March 2018

457/TSS Visa - 2 years DIBP nomination fee: $330

DIBP visa fee: $1080 (main applicant only)

Per secondary applicant 18 years or over:

$1080

Per secondary applicant under 18 years: $270

Approximate fees (single applicant):

$1410

SAF ($1800 x 2) = $3600

DIBP nomination fee: $330


Per secondary applicant 18 years or over: $1150


Approximate fees (single applicant): $5080

457/TSS Visa - 4 years DIBP nomination fee: $330



$1080

SAF ($1800 x 4) = $7200



Per secondary applicant 18 years or over: $2400$1080



$1410




Subclass 186 Visa DIBP nomination fee: $540



$1835



$4210

SAF = $5000







Other Visas to Consider

� No company sponsorship required

� Short term, highly specialised work for up to 6 months

� Not appropriate for ongoing work

� Lower cost than TSS visa

� Processing time approximately 1 – 2 weeks

Must be offshore

� Requires sponsorship

� Sponsorship obligations apply

� For structured workplace based training for up to 2 years


� Processing time approximately 4 months

Temporary Work (Short Stay Specialist) Subclass 400 visa

Training (Subclass 407) visa

� Must be offshore months

� No company sponsorship required

� Limited to certain passport holders under 31 at time of application

� Can work in any role for any one employer for up to 6 months

� Processing time approximately 1 – 2 weeks


� Must be offshore

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Working Holiday (Subclass 417) visa Temporary Activity (Subclass

408) visa

� Requires sponsorship

� Sponsorship obligations apply

� Numerous streams including staff exchange

� Up to 2 years validity


� No LMT

What does this mean for Griffith?

• Must now notify the Department of Home Affairs if a visa holder does not commence employment within the agreed timeframe (this is now part of the sponsorship obligations)

• Review current recruitment policies to reflect the changes:

• Full-time positions only (otherwise seek further advice on other visa options)

• Evidence of Labour Market Testing - at least 2 national advertisements for 21 consecutive days, one of which can be Griffith’s website (this is only available for Accredited sponsors)

• Processing times will be longer if there are health or character • Processing times will be longer if there are health or character issues

• A new TSS nomination and visa application will be needed for existing 457 visa holders sponsored by Griffith who wish to change occupation

• Take SAF into consideration and plan budget accordingly

https://www.griffith.edu.au/staff/human-resources/immigration-and-relocation


Thank you!Thank you!Maria Hrambanis (MARN 1067049)

Manager – Visa & Immigration

[email protected]

Documents

Australian Immigration Update - Griffith University · permanent Employer Nomination Scheme (Subclass 186) visas and Regional Sponsored Migration Scheme (Subclass 187) visas. Once