Changes, critical aspects and key aspects of the legislative instrument for Subclass 482

Compliance with Training Benchmarks after SBS grant

•    The definition of ‘Australian employee’ has changed from ‘an Australian citizen or Australian permanent resident’ to ‘an Australian citizen or Australian permanent resident who is an employee for the purposes of the Fair Work Act 2009’;
•    ‘Employee’, which was not defined, now ‘has the definition provided by section 15 of the Fair Work Act 2009’.

Specification of occupations exempt from Labour Market Testing
•    The new instrument defines occupations exempt from LMT with reference to the current ANZSCO ABS publication in effect as of 18 March 2018

The Government has released the long-awaited regulations to implement the changes to Australia's temporary skilled visa programme that were first announced in April 2017.

The Regulations wee made by Governor General Peter Cosgrove and were made yesterday, 15 March.

The Regulations will come into force on 18 March 2018, and are known as the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) regulations 2018. The full text of the Regulations can be accessed through this link.

Migration Alliance will be sourcing news and information that we believe is important for the profession regarding TSS/186/187 visas and Labour Agreements over the next few weeks.  We will also be writing our own articles on these changes.  We believe it is important that our members have access to a range of opinions and articles, not just articles produced and written by us.  Below is such an example, and is first of the rank.  Thank you to our Vice-Convenor, Mark Northam for this one:

Immigration Law News, a free news service for migration agents and immigration lawyers, has published the industry’s first in-depth detailed analysis of the new TSS/186/187 legislation released late Thursday. The analysis, prepared by Mark Northam (MARN 1175508) and Sergio Zanotti Stagliorio (MARN 1461003), details highlights of the new TSS visa and a wide range of changes to the 186 and 187 visa programmes including changes not previously announced in detail by the Department of Home Affairs. 

The analysis details changes to these important visa programmes including: 

Do you want to read a story that illustrates why it is a poor idea for an applicant to turn the whole process of completing a visa application over to a “consultant”, without checking the contents of the application for accuracy?

Or why it really is “bets practice” for a Registered Migration Agent to have the applicant review all the information that is provided on an Internet visa application before clicking on the “submit” button?

Then look no farther than the recent decision of the Federal Circuit Court in the case of Ashiq v Minister for Immigration & Anor (2017) FCCA 544 (7 March 2018).

On 18 April 2017, the Prime Minister and the Minister for Immigration and Border Protection announced that major changes would be introduced to Australia’s temporary skilled visa programme.

Of course, the most significant of these changes was the proposed abolition of the Subclass 457 visa, and the replacement of that visa with what will be known as the Temporary Skill Shortage (“TSS”) visa.

The changes that were announced in April 2017 are expected to come into force  at some  time  this month,  although the exact date is not certain: it will be whenever the legislation required to implement the changes comes into force.