FROM March 18 , 2018 , the 457 ( temporary work skilled ) visa was abolished and replaced by Temporary Skill Shortage visa ( subclass 482 ).

This visa will enable employers to sponsor overseas skilled workers while they are in Australia or outside Australia to fill in the temporary skill shortage and at the same giving priority to Australian citizen worker through its mandatory labour market testing .

The government has passed the legislation under the Migration Legislation Amendment ( Temporary Skill Shortage Visa and Complementary Reforms ) Regulations 2018 to reflect the new TSS visa .

The visa applicant can apply either under the two main streams :

SHORT TERM STREAM . It allows the applicant to work in Australia for two years and bring in their families .

This visa can be renewed for a further two years provided the occupation nominated are listed in the short-term skilled occupation list ( STSOL ). There is no age requirement for this visa . The applicant must meet English requirement of 5.0 for IELTS with not less than 4.5 in each component or other English test equivalent unless the applicant holds a passport from UK , Ireland , USA , Canada or New Zealand or have completed 5 years of education at secondary or tertiary level where the medium of instruction was conducted in English .

By ATTY . JESSIE ICAO

Practising Solicitor

Two years of full time work experience in the nominated occupation is required , which means that newly graduate cannot apply for this visa as work experience refers to those acquired after completing the qualification .

There is no option for permanent residence under this stream .

MEDIUM TERM STREAM . It allows the skilled worker to work in Australia for four years with eligibility to apply for permanent residence after working for 3 years .

No age requirement for this visa but the applicant must be under 45 years old when he applies for PR .

Two years full work experience is required under this visa and the occupation nominated must be from occupations listed under the medium and long term strategic skills list ( MLTSSL ).

The English requirement is 5.0 in each IELTS test component or other test equivalent unless the applicant is a passport holder from UK , Ireland , USA , Canada or New Zealand or have completed five years of education secondary or tertiary level where the medium of instruction was conducted in English .

THERE ARE THREE STEPS FOR TSS VISA : First step : the employer must apply as an approved Standard Business Sponsor .

It must provide proof that it is lawfully and actively operating as a business in Australia , registered for ABN and it has commitment towards training Australian citizen or Australian permanent resident . Second step : Upon approval as a standard business sponsor , the employer must nominate the applicant for an occupation listed in the occupation list .

This is what we call ‘ nomination stage ’. The employer must demonstrate that the occupation is genuine and consistent with skill level nominated and the work offered in the employment contract is full-time .

The employer will also meet the salary and employment condition similar to its Australian citizen employees .

The new legislation requires employer to determine the ‘ annual market salary rate ’ ( AMSR ) to be paid to the nominee which is not less than the current TSMIT threshold of $ 53,900.00 annual salary .

Labour Market Testing ( LMT ) is mandatory which requires employer to submit evidence that they have advertised the position to local employees within the previous 12 months before lodging the nomination if filed before June 18 , 2018 . The only exception to LMT is when the nominee is from countries subject to international trade obligation .

Under the TSS visa , the training

benchmark under the old 457 visa is replaced by Skilling Australian Fund ( SAF ) levy which must be paid by employer during the nomination application .

The levy is refundable if the nomination is refused . The employer will pay $ 1,800 each year of TSS visa if the turnover of business is more than $ 10 million within the 12 months of lodging the nomination or $ 1,200 each year of visa if the turnover of business is under $ 10 million .

Third step : The visa applicant will the apply after sponsorship and nomination approval by the employer .

This is where the work experience , skills assessment , qualification and English test result will have to be submitted .

The nominee will also have to satisfy the genuine temporary entrant ( GTE ), that the intention of the applicant is to stay in Australia temporarily and his circumstances and immigration history is such that he will comply with the condition of his visa if granted .

The visa applicant will also meet the character and health requirements .

The visa fee for short term stream applicant is $ 1,150 and medium term stream applicant is $ 2,400 which must be paid by the employer . •

JESSIE ICAO is a practising solicitor in the State of New South Wales and registered migration agent since 1993 ( MARN 9367993 ). He is admitted as a lawyer in the Philippines .