Month: November 2023

Subclass 482-and-494-Visa-Sponsorship

Subclass 482 and 494 Visa Sponsorship and Upcoming Fixed Term Contract Changes under the Fair Work Act 2009 (Cth)

Posted by Rebecca Berkovic on

From 6 December 2023, as part of the Secure Jobs, Better Pay amendments to the Fair Work Act 2009 (Cth), employers will no longer be able to employ a worker on a fixed term contract in the following situations:

  • Where the employment term is for two or more years (including extensions); or
  • Where the employment contract may be extended more than once, whether or not the total term, is for two or more years.

It is noted that the prohibition of fixed term contracts in the above situations will apply to new fixed term contracts from 6 December 2023. The new provisions will also require review of any fixed term contracts in place prior to 6 December 2023.

It is important that sponsors of overseas employees under the Temporary Skill Shortage (TSS)(subclass 482) visa program and Skilled Employer Sponsored Regional (SESR) (Provisional) (subclass 494) visa program are aware when drafting employment contracts, which may be for the fixed period of the visa or a fixed term.

The relevant limited exception to the prohibition of fixed term contracts of “special skills” may be applicable in the case of subclass 482 and 494 visa candidates.

However, we recommend that sponsors for the subclass 482 and 494 visa programs obtain advice from an employment lawyer on the matter of fixed term contracts to ensure that the 6 December 2023 the Fair Work Act 2009 (Cth) requirements are met.

For advice regarding Australian visas and sponsoring skilled overseas workers, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.

Introduction of Employer Sponsored Permanent Residency Pathway for TSS subclass 482 Visa Holders on the Short Term Occupation List

Posted by Rebecca Berkovic on

The Australian Federal Government has announced that on 25 November 2023 changes to the Employer Nomination Scheme (ENS)(subclass 186) visa program will be introduced, with the reforms having the effect of broadening the permanent residency program and enabling Temporary Skill Shortage (TSS)(subclass 482) visa holders to apply for employer sponsored permanent residency earlier. A pathway to permanent residency will be introduced to allow those with occupations on the Short Term Occupation List to be eligible to apply for an ENS subclass 186 visa.

What are the reforms being implemented on 25 November 2023?

The significant reforms intended to be implemented by the Australian Department of Home Affairs (DHA) include the following:

  1. All Temporary Skill Shortage (TSS)(subclass 482) visa holders will be eligible to apply for permanent residency through the ENS (subclass 186) visa program- Temporary Residence Transition stream, provided they meet the requirements of this visa.
  2. As with the current ENS subclass 186 visa requirements, TSS subclass 482 visa holders will need to continue to work in the occupation nominated as was allocated for their TSS subclass 482 visa.
  3. TSS subclass 482 visa holders will be eligible to apply for employer sponsored permanent residency through the ENS subclass 186 visa program after two years. This has been reduced from the current three year requirement.
  4. The current limit on TSS subclass 482 visa holders with occupations on the Short Term Occupation List that can be made onshore in Australia will be removed.

How will the reforms benefit employers?

For companies sponsoring skilled overseas workers through the TSS subclass 482 visa program, currently the process of selecting the ‘nominated occupation’ for a candidate can be difficult if the employer requires a long-term arrangement and the candidate’s occupation is on the Short-Term Occupation List.

The proposed 25 November 2023 reforms will open up a pathway for permanent residency through the ENS subclass 186 visa program to all TSS subclass 482 visa holders, including visa holders with an occupation on the Short Term Occupation List. This will enable employers to have the option of retaining their skilled overseas staff on a long-term basis, regardless of their occupation.

For advice regarding sponsoring overseas workers, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.