Commonwealth overhauls skilled migration program
The TSS visa supports businesses to address skills shortages in their workforce, but will prioritise Australian workers.
Australia
Immigration
The Commonwealth Government announced a number of significant
changes to its temporary and permanent skilled migration programs
on 18 April 2017. The aim is to more suitably tailor the programs
to Australia's skills needs, increase the quality and economic
contribution of skilled migrants, and address public concerns about
the displacement of Australian workers.
Under the program overhaul, it will abolish the Temporary Work
(Skilled) visa (subclass 457) and replace it with the new Temporary
Skills Shortage (TSS) visa in March 2018. The TSS will support
businesses to address skills shortages in their workforce, but will
contain a number of safeguards that prioritise Australian workers
for employment opportunities. The Employer Nomination Scheme (ENS)
visa (subclass 186) and Regional Sponsored Migration Scheme (RSMS)
visa (subclass 187) for permanent migration will also be
amended.
Some of the reforms have already come into effect, with changes
due to be completed by March 2018. The below table summarises the
changes.
The immigration policy detailing these changes is yet to be
finalised, however, we anticipate this will be done shortly through
the implementation process. We will keep you informed of any
further amendments and updates on the policy's progression.
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Changes to temporary working visa |
Changes to permanent skilled migration visa
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From 19 April 2017 |
Occupation lists
- The Consolidated Sponsored Occupation List (CSOL) will be
renamed to Short-Term Skilled Occupation List (STSOL) and will be
updated every six months based on advice from the Department of
Employment.
- 216 occupations have been removed from the list of eligible
occupations and caveats have been added to 59 occupations. The
interim guidelines on the new 457 amendments indicate that on
occupations where a caveat has been placed, it does not replace any
higher skills requirement that may be applicable at the visa
application stage, as per the occupation requirements outlined in
the Australian and New Zealand Standard Classification of
Occupations.
- Primary applicants whose occupations are on the STSOL can have
their 457 visas issued for a maximum of two years with onshore
renewal only allowed once.
- The Skilled Occupation List (SOL), predominantly used for
skilled migration, will be renamed Medium and Long-Term Strategic
Skills List (MLTSSL).
- Primary applicants whose occupations are on the MLTSSL can have
their 457 visas issued for a maximum of four years with a capacity
of renewal onshore and a permanent residence pathway after three
years.
- Dependants (secondary family applicants) joining primary 457
visa applicants will not be impacted. Dependant visa applicants can
still have their subclass 457 visa match the visa period of the
primary visa holder even if this is longer than two years.
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Occupation lists
- The CSOL will be renamed to STSOL and will be updated every six
months based on advice from the Department of Employment.
- The STSOL has been significantly condensed, with 216
occupations removed and access to 24 occupations restricted to
regional Australia.
- The SOL, predominantly used for skilled migration, will be
renamed to MLTSSL.
- Caveats have been added to 59 occupations.
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From 1 July 2017 |
English language requirements
- The salary exemption threshold, which exempts applicants whose
salary is over $96,400 from the English language requirement, will
be removed.
Police clearances
- Police clearance certificates will become mandatory.
Training benchmarks
- Immigration policy about training benchmarks for sponsors will
be clarified in legislative instruments.
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English language requirements
- A score of 6 in each test component in the International
English Language Testing System (IELTS) (or in an equivalent test)
is required.
Occupation lists
- The STSOL will be reviewed further based on advice from the
Department of Employment.
- The MLTSSL will be revised based on outcomes from the
Department of Education and Training's Skilled occupation list
review.
Age limit
- A maximum age restriction of 45 years at the time of
application will apply to direct entry stream applicants.
- A maximum age restriction of 50 years at the time of
application will continue to apply to temporary residence
transition stream applicants.
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Changes by December 2017 |
Tax file numbers (TFN)
The immigration department will begin TFN collection for 457
visa holders and other employer-sponsored migrants. The data
collected will be matched with the Australian Taxation Office
records to ensure visa holders are not being paid less than their
nominated salary.
Obligations and sanctions
- The Department of Immigration and Border Protection will
publish details of sponsors who are sanctioned for failing to meet
their sponsorship obligations under the Migration Regulation
1994 (Cth) and related legislation.
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From March 2018 |
Introduction of the TSS visa
- The subclass 457 visa will be abolished and replaced by the TSS
visa.
- The TSS visa program will comprise a short-term stream (STS) of
two years and medium-term stream (MTS) of up to four years.
STS
- Onshore visa renewal only once.
- An overall score of 5, with a minimum of 4.5 in each test
component, in the IELTS (or an equivalent test) is required.
- Genuine temporary entry requirement.
MTS
- Onshore visa renewal and a permanent residence pathway after
three years.
- IELTS (or equivalent test) completed with a minimum score of 5
in each test component.
- Genuine temporary entry requirement.
Eligibility criteria for both TSS streams,
includes:
- At least two years of relevant work experience.
- Mandatory labour market testing.
- Meets the minimum market rate and the temporary skilled
migration income threshold requirements currently set at
$53,900.
- A non-discriminatory workforce test to ensure employers are not
actively discriminating against Australian workers.
- A strengthened training requirement for employers to contribute
toward training Australian workers.
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For ENS and RSMS visas
- The MLTSSL will apply with additional occupations available to
support regional employers for the RSMS pathway.
Minimum market salary rate
- Employers must pay the Australian market salary rate and meet
the Temporary Skilled Migration Income Threshold requirements
currently set at $53,900.
Residency requirements
- The permanent residence eligibility period will be extended
from two to three years.
Work experience
- At least three years of work experience is required.
Age limit
- All applicants must be under the maximum age of 45 years at the
time of application.
Training requirement
- A strengthened training requirement for employers to contribute
toward training Australian workers.
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.