tss-subclass-482-work-experience-requirement

INCREASED FLEXIBILITY FOR THE TSS SUBCLASS 482 WORK EXPERIENCE REQUIREMENT

In order to be eligible for a Temporary Skill Shortage (TSS)(subclass 482) Australian work visa, it is necessary to meet the work experience criteria which requires the visa applicant to work in their nominated (or closely related) occupation for a minimum of two years prior to lodging their visa application.

Policy regarding this criteria previously stated that the work experience was required to have taken place in the last five years before lodging the visa application. However, the Australian Government recently broadened the work experience criteria and removed the requirement that work experience occurred in the previous five years.

This provides greater flexibility to visa applicants for the TSS subclass 482 visa applicants, enabling applicants to provide evidence of work experience in an extended timeframe.

In addition, the Australian Government also made the work experience criteria more flexible as policy for the TSS subclass 482 visa work experience criteria previously stated that casual employment would not count towards meeting the work experience criteria. However, the newly amended policy removes this stipulation and enables visa applicants to count work in their nominated (or closely related) occupation on a casual basis without the requirement for work to be continuous and full-time.

Need Assistance?

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

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.

genuine-temporary-entrant-criteria

Changes to the TSS Subclass 482 Genuine Temporary Entrant Policy

The Australian Government announced that from 2 August 2024, policy regarding the Genuine Temporary Entrant (GTE) requirement for Temporary Skill Shortage (TSS)(subclass 482) visa applicants with occupations on the Short Term Occupation List have been amended to simplify the requirement.

The updated policy states that the default position of the GTE policy is that the requirement will be met unless there are specific concerns, which have been reduced to now only include the following factors:

  • The visa applicant has made two or more unsuccessful TSS applications that were refused or withdrawn, particularly, where:
    • the nominated occupation has changed with each application; and/or
    • the nominated occupation is not consistent with their previous employment or studies in Australia.
  • The visa applicant failed to comply with the conditions of a previous visa and/or had a previous visa cancelled or is being considered for cancellation except where a subclass 457 or 482 visa was cancelled following cessation of employment and the applicant was offshore.
  • There are substantive inconsistencies in the information provided by the applicant in their TSS subclass 482 visa application that cannot be reconciled (for example: occupation/s declared in previous applications, incoming passenger cards, Form 80 etc.).
  • The visa applicant or their family member has an immigration history of concern, that is, an applicant who has a history of visa refusal, or non-compliance with immigration requirements in another country.
  • The visa applicant has been identified as part of a cohort in statistical, intelligence and analysis reports on migration fraud and immigration compliance compiled by the Department.

Notably, the factors mentioned in policy previously that may give weight to GTE not being met have been reduced significantly. Within the current policy, having held previous temporary visas (including other 482 Short Term stream visas) or not having left Australia for prolonged periods is NOT listed as a factor for meeting the requirements of GTE.

However, the factors listed in the new policy are non-exhaustive and the Department of Home Affairs (DHA) is not limited solely to these factors in deciding whether visa applicants meet the requirements for GTE.

Need Assistance?

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

 

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.

visa-application-charges

INCREASE IN AUSTRALIAN VISA APPLICATION CHARGES FROM 1 JULY 2024

The Australian Government has increased visa application charges applicable from 1 July 2024.

The visa application charge increases are outlined in the table below:

Visa Type Previous Visa Application Charge 1 July 2024 Visa Application Charge
Temporary Skill Shortage (TSS) – STSOL (Subclass 482) AU$1,455 AU$1,495
Temporary Skill Shortage (TSS) – STSOL (Subclass 482)- Secondary Applicants Over 18 AU$1,455 AU$1,495
Temporary Skill Shortage (TSS) – STSOL (Subclass 482)- Secondary Applicants Under 18 AU$365 AU$375
Temporary Skill Shortage (TSS) – MLTSSL (Subclass 482) AU$3,035 AU$3,115
Temporary Skill Shortage (TSS) – MLTSSL (Subclass 482)- Secondary Applicants Over 18 AU$3,035 AU$3,115
Temporary Skill Shortage (TSS) – MLTSSL (Subclass 482)- Secondary Applicants Under 18 AU$760 AU$780
Employer Nomination Scheme (Subclass 186) AU$4,640 AU$4,770
Employer Nomination Scheme (Subclass 186)- Secondary Applicants Over 18 AU$2,120 AU$2,385
Employer Nomination Scheme (Subclass 186)- Secondary Applicants Under 18 AU$4,710 AU$1,190
Temporary Work (Short Stay Specialist) (subclass 400) AU$405 AU$415
Visitor Visa– business stream (Subclass 600)  AU$150 AU$195
Global Talent (subclass 858) AU$ AU$4,840
Student and Guardian (Subclass 500 & 590) AU$710 AU$1,600
General Skilled Migration (Subclass 189, 190, 491, 494) AU$4,640 AU$4,765
Graduate Temporary Subclass 485 AU$1,895 AU$1,920
Partner (Subclass 300, 820/801, 309/100) AU$8,850 AU$9,095
Parent (Contributory) first instalment

The Second Visa Application charge for the Contributory Parent visa (143 visa) will remain the same

AU$420 – $4,765 AU$430 to $4,895
Business Migration (Subclass 188A, 188B) AU$9,450 AU$9,710

Need Assistance?

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

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.

 

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.

australian-visas-1-July-2024

ADDITIONAL CHANGES TO AUSTRALIAN VISAS FROM 1 JULY 2024

The Australian Federal Government is continuing with its host of reforms to Australian visas and additional changes have been introduced which came into effect on 1 July 2024.

The changes include the following:

  • Salary Threshold changes for subclass 482 and 494 visa applicants: The Temporary Skilled Migration Income Threshold (TSMIT) will increase from $70,000 to $73,150.
  • Increased flexibility for subclass 457, 482 and 494 visa holders: From 1 July 2024, t visa conditions for subclass 457, 482, and 494 visa holders has been amended to allow visa holders extended flexibility and additional time to transfer their sponsorship to a new employer. The new visa conditions allow temporary work visa holders to case working for their sponsoring employer for up to 180 days at a time and a maximum time of 365 days in total over their entire visa grant period.
  • Working Holiday Visa requirements for UK citizens: From 1 July 2024, UK citizens on Australian Working Holiday Visa will no longer need to fulfill regional work requirements to apply for their second and third Working Holiday Visas.
  • No onshore Student visa option for Visitor and Temporary Graduate visa holders: Visitor and Temporary Graduate visa holders from 1 July 2024 will no longer be able to apply directly for a Student visa whilst onshore in Australia.
  • New Workplace Justice visa pilot: A new workplace justice visa pilot program is being implemented that will enable temporary migrants to remain in Australia for a period of time to undertake a ‘workplace justice activity.’ This visa will utilise the Subclass 408 Temporary Activity visa stream. The Workforce Justice Visa (WJV) will be implemented as a pilot program and the visa will in general be granted for a period of six and up to 12 months.

Need Assistance?

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

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.

fair-work-high-income-threshold

Increase in the Australian Fair Work High Income Threshold from 1 July 2024

Effective from 1 July 2024, the Fair Work High Income Threshold (FWHIT) will increase from $167,500 to $175,000 base salary, excluding superannuation.

Relevance to Australian Immigration and Visas

This will affect current Temporary Skill Shortage (TSS)(subclass 482) visa holders who are over the age limit of 45 interested in applying for Australian permanent residency through the Employer Nomination Scheme (ENS)(subclass 186) visa Temporary Residence Transition stream. They may still be eligible to apply by utilising the exemption if they have been earning over the FWHIT and working for their sponsor in Australia for a minimum of two years.

Need Assistance?

At Hartman Immigration we regularly assist companies who employ TSS subclass 482 visa holders transitioning to Australian permanent residency through the ENS subclass 186 visa program.

Please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian visa assistance and sponsoring skilled overseas workers.

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.

transfer-of-sponsorship

TRANSFER OF SPONSORSHIP FOR AUSTRALIAN TEMPORARY WORK VISA HOLDERS

The Australian Government announced that from 1 July 2024 changes would be made to transfer of sponsorship arrangements for overseas employees holding certain temporary work visas to enable greater labour market mobility.

The new transfer of sponsorship provisions will affect the following visa subclasses:

  1. Temporary Skill Shortage visa (subclass 482)
  2. Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
  3. Temporary Work (Skilled) visa (subclass 457)

From 1 July 2024, visa conditions 8107, 8607 and 8608 are changing in a manner which will allow for extended time to find a new sponsor and freedom to find other employment.

Key Changes to Transfer of Sponsorship Conditions and Cessation of Sponsorship of Temporary Visa Holders

From 1 July 2024, holders of the above visas will have greater flexibility in transferring employers in the following way:

  • Where their employment ceases with their sponsor, they will be provided with:
    • 180 days to find a new sponsoring employer, which has increased from the current 60 days.
    • A maximum of 365 days in total across the entire visa grant period to hold their temporary work visa after ceasing work for their sponsor.
  • During the 180 day period, visa holders can work for other employers, which the Australian Department of Home Affairs (DHA) has stated includes work in occupations not listed in their most recently approved sponsorship nomination. This is intended to ensure that visa holders can support themselves while they look for a new sponsor.
  • Unless exempt, a visa holder cannot work for another employer unless they have ceased work with their sponsoring employer.

Sponsorship Conditions Remaining Unchanged

  • Visa holders must remain in their nominated occupation while working for their existing sponsor.
  • Sponsors must still inform the DHA within 28 days if the organisation ceases sponsoring a visa holder or the visa holder resigns.
  • Visa holders must not do any work that is inconsistent with any licence or registration needed for their nominated occupation.

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.

innovation-and-early-careers-skills-exchange-pilot

Innovation and Early Careers Skills Exchange Pilot

The Australian Government has announced that as part of the Australia-United Kingdom Free Trade Agreement (A-UKFTA) the Innovation and Early Careers Skills Exchange Pilot (IECSEP) will be introduced to provide new opportunities for UK citizens to take their next career step in Australia through the introduction of a new Australian visa stream aimed at facilitating work in Australia for UK citizens.

The purpose of IECSEP is to build on the existing connections between Australia and the UK by establishing a new and streamlined mobility pathway for early career professionals and demonstrated innovators from the UK.

Program Streams:

There are two streams under the IECSEP:

  • the Early Careers Skills stream, which will allow participants to undertake a short-term placement, secondement, or intra-corporate transfer for up to one year in Australia.
  • the Innovation stream, which will allow highly skilled and experienced participants, with a demonstrated contribution to innovation, to undertake opportunities for up to three years in Australia.

Eligibility Criteria:

All IECSEP applicants must be able to demonstrate UK citizenship, and that they have adequate financial means to support themselves for the duration of their stay in Australia ($5,000 plus the fare to where the applicant is going to after Australia).

All IECSEP applicants must have a confirmed job in Australia to be eligible to participate in the IECSEP. Applicants will need to provide DFAT with either a letter of employment offer, or a copy of an employment contract, to prove their prospective employment in Australia when they submit their application.

To be eligible for the Early Careers stream applicants must:

  • be aged between 21 and 45 (inclusive) at the time of application;
  • hold tertiary qualifications;
  • have worked for at least 3 months in their current role, and the prospective employment in Australia; must be relevant to the applicant’s field of work in their current role; and
  • have prospective employment in Australia in an occupation defined at the ANZSCO Skill Levels 1, 2 or 3.

To be eligible for the Innovation stream applicants must:

  • have a demonstrated contribution to innovation;
  • be highly skilled;
  • be highly experienced; and
  • have prospective employment in Australia in an occupation defined at the ANZSCO Skill Level 1.

Application Information:

Total visas available under the IECSEP will be 1,000 in the first year, and 2,000 in the second year of operation, during which the program will be reviewed.

IECSEP is now open for applications.

The current round for the Early Careers stream will close at 11.59pm (GMT) on 31 December 2024.

The current round for the Innovation stream will close at 11.59pm (GMT) on 31 December 2024.

The Australian Department of Foreign Affairs and Trade (DFAT) may close application rounds with respect of one or both IECSEP streams on a date before the advertised times above.

Benefit for Employers and Businesses:

The Australian Government has highlighted that the purpose of IECSEP is to recognise the importance of innovation and skills mobility to the economies of Australia and the United Kingdom.

The IECSEP will provide Australian employers with an opportunity to access innovative and early-career professionals from the UK, through the pilot of a new and streamlined temporary mobility pathway from the UK to Australia. UK organisations are intended to benefit from employee upskilling, as well as a way of providing key staff with an international career development opportunity.

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.

increase-in-TSMIIT

Increase in Temporary Skilled Migration Income Threshold (TSMIT) for Visa Sponsorship

The Australian Government has announced that from 1 July 2024, the Temporary Skilled Migration Income Threshold (TSMIT) will be increased from the current $70,000 to $73,150.

All new employer nomination applications that are submitted on or after 1 July 2024 must be above the new TSMIT.

The following visa subclasses will be affected by the increase in the minimum salary threshold:

  1. Temporary Skill Shortage (TSS) (subclass 482) visa;
  2. Employer Nomination Scheme (ENS) (subclass 186) visa Direct Entry stream; and
  3. Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa.

It is to be noted that the new increase to the TSMIT from 1 July 2024 will most likely not impact current TSS subclasses 482 visa or 494 visa holders, or nomination and visa applications lodged prior to 1 July 2024 where the TSMIT is below the new minimum salary threshold of $73,150.

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.

australian-visa-changes

Australian Visa Changes Announced in the 2024/2025 Federal Budget

The Australian Government released the 2024/25 Federal Budget on 14 May 2024 which contained several immigration updates and proposed visa changes to be introduced in the new financial year. The Government stated that it will allocate 185,000 places to the permanent migration program with over 70% allocated to the Skilled visa stream.

The following immigration reforms were proposed:

  1. Changes to the Temporary Skill Shortage (TSS) (subclass 482) visa

The Temporary Skill Shortage (subclass 482) visa will require only one year of relevant work experience from 23 November 2024 as opposed to the current requirement of two years’ work experience.

  1. Changes to the Business Innovation and Investment Visa and Global Talent Visa

The Business Innovation and Investment Visa as well as the Global Talent Visa will be replaced by the National Innovation Visa, the criteria for which has not yet been announced. The new National Innovation Visa is set to be introduced later in 2024. This visa will target exceptionally talented applicants who can contribute to growth in sectors of national importance.

  1. Changes to the Work and Holiday visa for Chinese, Vietnamese & Indian Nationals

New regulations will be introduced for Work and Holiday Visas for China, Vietnam, and Indian nationals in which a pre-application ballot process to regulate program demand is set to be introduced.

  1. Introduction of the Mobility Arrangements for Talented Early-professionals Scheme (MATES) Visa for Indian Nationals

The new Mobility Arrangements for Talented Early-professionals Scheme (MATES) will be rolled out, commencing on 1 November 2024 for 3,000 young professionals from India aged 18 to 30 years old, possessing expertise in targeted fields of study. Visas will be subjected to a ballot process and will permit a stay of up to two years in Australia.

5. International Student Visa Changes:

The Federal Government has also announced plans to collaborate with international education providers to limit the number of international students enrolled at any given time. New regulations are intended to tie the number of international students a university can enroll to its available student housing, aiming to alleviate pressure on the housing market.

The Migration Strategy released by the Federal Government back in December 2023 proposed the introduction of a new Skills in Demand visa intended to replace the existing TSS subclass 482 visa. However, the 2024/2025 Budget does not provide details on its timeline for implementation.  There are also no details on major changes to existing permanent employer-sponsored and skilled migration pathways.

We will continue to update our clients and contacts with Australian immigration and visa changes as they are introduced by the Australian Federal Government.

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.

standard-business-sponsorship-obligations

Standard Business Sponsorship Obligations

Becoming a standard business sponsor can be a significant benefit to an Australian business. It means that during the recruitment process, if the most appropriate candidate is not an Australian citizen or permanent resident and would provide the business with the skills required to assist with growth and development then the company can nominate the employee for a Temporary Skill Shortage (TSS)(subclass 482) visa or a Skilled Employer Sponsored Regional (SESR) (Provisional) (subclass 494) visa.

Becoming a standard business sponsor entitles a business to sponsor overseas employees for five years on subclass 482 and subclass 494 visas. During the five years that a company is registered as a standard business sponsor, the business must ensure that it abides by the sponsorship obligations set out by the Australian Department of Home Affairs (DHA).

What Obligations are Standard Business Sponsors required to meet?

  1. Inform the DHA when there are changes in the business

A standard business sponsor must advise the DHA when there are changes to the following for a sponsor:

  • Legal name;
  • Trading name;
  • Registration details;
  • Business structure;
  • Ongoing communication contact;
  • Owners, directors, principals or partners; and
  • Business address.

The standard business sponsor must also advise the DHA in the following circumstances:

  • If the business becomes insolvent or is bankrupt;
  • If the business goes into receivership, liquidation or administration; or
  • If the business ceases to exist as a legal entity.
  1. Inform the DHA when there are changes to a sponsored employees work arrangements

A standard business sponsor must advise the DHA in writing if the employee being sponsored:

  • Ceases employment;
  • Has a change in duties; or
  • Did not commence working with the business.
  1. A standard business sponsor must ensure that the overseas employee works only in the nominated occupation stated in the nomination approval notice.

If the business would like a visa holder to work in a different occupation, then the sponsor will need to lodge a new nomination.

If the employee is being sponsored under the TSS subclass 482 or the Skilled SESR visa subclass 494, the employee will also need to apply for and be granted a new visa.

  1. A standard business sponsor must keep records of the sponsored workers’ employment with the business.

A standard business sponsor must keep records to show compliance with the organisation’s sponsorship obligations. All records must be kept in a reproducible format. The sponsor must keep records of:

  • The written contract of employment the sponsor engages each sponsored employee under;
  • Record of annual/personal/sick/parental leave taken by the employee;
  • Record of a change in salary of the sponsored employee;
  • Written requests for payment of travel costs for the employee or their family, including when the request was received, how, how much and to whom the travel costs were paid;
  • Tasks performed by the sponsored employee in relation to the nominated occupation and where the tasks were performed;
  • Earnings paid to the sponsored employee; and
  • Non-monetary benefits provided to the employee, such as training and professional development provided to the sponsored employee.
  1. A standard business sponsor is required to pay the travel costs of a sponsored worker if requested in writing.

A standard business sponsor must pay ‘reasonable and necessary’ travel costs to let the sponsored employee and their sponsored family members, leave Australia.

The DHA considers all of the following costs to be reasonable and necessary:

  • Travel from the employee’s usual place of residence in Australia to their departure point from Australia;
  • Travel from Australia to the country for which the employee holds a passport and intends to travel to; and
  • Economy class air travel or reasonable equivalent.

To pay travel costs, a written request for payment must be made by:

  • The sponsored employee; or
  • The DHA on behalf of the sponsored employee

Travel costs must be paid within 30 days of receiving the request.

Staying compliant

Having the ability to be able to sponsor overseas employees enables Australian and overseas business sponsors to have access to a much wider pool of candidates to be able to employ the candidate with the skills and experience needed to grow the business.

Being aware and complying with the standard business sponsorship obligations from the time the business begins sponsoring overseas employees under the TSS subclass 482 or SESR subclass 494 visa program is essential to protecting the business from compliance breaches. Ensuring compliance with the above-mentioned sponsorship obligations explained above is essential to ensure that a business does not put itself at risk of being liable for significant penalties and the cancellation of their sponsorship status.

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.