The Australian Government has officially abolished the Subclass 457 Visa and replaced it with the new Temporary Skills Shortage (TSS) Visa, Subclass 482. The new visa was introduced on 18 March 2018, and applications for the Subclass 457 Visa are no longer being accepted.
The new Subclass 482 Visa (TSS Visa) is the replacement Work Visa for short and medium term work assignments in Australia.
What are the differences?
The subclass 482 visa has two streams:
- short term stream for employment of up to 2 years; and
- medium term stream for employment of up to 4 years.
The eligibility for a stream depends on the nominated occupation of the position, the applicant’s skills and qualifications, and previous immigration history.
- Applicants for the TSS Visa must have a minimum of 2 years full time work experience in the past 5 years.
- A “Genuine Temporary Entrant” criterion has also been introduced for the short term stream. Applicants must be able to demonstrate that they only intend to stay in Australia temporarily and that they have strong incentives to return to their home country at the completion of their work assignment in Australia.
- Subject to the passing of the required legislation, the Skilling Australians Fund will be introduced. Sponsors will be required to make a contribution to the Fund. The proposed contribution payable upfront is
- $1,200 per year of required visa for businesses with a turnover of less than $10 million
- $1,800 per year of required visa for businesses with a turnover of $10 million or more
What are the similarities?
The visa continues to be designed to target short term to medium term shortages in the Australian labour market. A three stage sponsorship, nomination and visa application process remains in place.
People who have already been granted a Subclass 457 Visa can continue to stay on those subclass 457 visas until the visa expiry date. However, they cannot apply for a renewal of their visa. Instead, they will (if eligible) need to apply for a new TSS visa.
Employers who were approved sponsors under the Subclass 457 Visa arrangements can continue to use their sponsorship to nominate workers for the TSS Visa. However, they must meet the new TSS Visa requirements in order for their nomination applications to succeed.
What if my application has been lodged but has not yet been decided?
If a nomination has been submitted under the Subclass 457 Visa arrangements, but no associated Subclass 457 Visa was submitted, that nomination is no longer effective for the TSS Visa. A new TSS Visa nomination must be submitted.
Now that the TSS Visa has been implemented, the Department of Home Affairs is further embracing Accredited Sponsorship. This refers to sponsors who have received Special Accreditation. For these sponsors, a reduced processing time and streamlined application process is available.
Sponsors who meet the eligibility criteria may apply to become an Accredited Sponsor.
Can I still progress to Permanent Residency?
There have also been changes made to Permanent Residency applications. Applicants for permanent residency must be able to demonstrate 3 years of work experience in their field.
Under the Temporary Residence Transition Stream, applicants must work for their nominating employer for at least 3 years (previously 2 years) whilst holding a Subclass 457 Visa or TSS Visa. A 2 year requirement continues to apply for those applicants who held a Subclass 457 Visa on 18 April 2017 and continue to hold this visa.
Where can I get help?
Our experienced migration agents can help you prepare applications under the new migration programs. Please contact us to obtain a quote by submitting an online enquiry.