Australian Immigration Daily News

LMT requirements for new nomination application
•    The period during which LMT must be undertaken has changed from 12 months to:
o    (a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.
o    (b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged.

Specification of Occupations and Assessing Authorities
•    The list of occupations is identical for the TRT and DE streams;
•    There is only one list of occupations: 186 MLTSSL;
•    Occupations removed: horse breeder and all occupations on the repealed instrument’s 186 STSOL;
•    The new instrument applies in relation to:
o    A nomination application lodged on or after 18 March 2018; and
o    An application for a Subclass 186 visa in the DE stream made on or after 18 March 2018 if the related application for approval of a nomination is made on or after that date;
•    Despite the repeal of the old instrument, it continues to apply in relation to nomination applications made before 18 March 2018 and applications for a Subclass 186 visa made on or after 17 January 2018 if the related application for approval of a nomination was made on or after that day but before 18 March 2018;

Occupations Exempt from Direct Employment 
•    The occupation list including medical and selected other occupations is essentially unchanged from previous instrument 13/067. Will apply to new TSS/ENS/RSMS applications made starting 18 March 2018

Calculation of Annual Market Salary Rate, TSMIT and Related 
•    TSMIT remains at $53,900 but now applies to 186 nominations under Reg 5.19
•    If there is an Australian employee performing equivalent work and Fair Work or State instrument, AMSR is instrument – otherwise if no instrument AMSR is Australian employee’s earnings
•    If there is no Australian employee performing equivalent work and Fair Work or State instrument exists, AMSR is instrument – otherwise if no instrument AMSR determined by reference to relevant information including
o    information published on the Australian Government’s Job Outlook website; 
o    job advertisements from a national recruitment website or national print media that are in English and specify the salary arrangements for the advertised position; 
o    written advice from registered employer associations and/or unions; 
o    remuneration surveys generated across the relevant industry by a reputable organisation or body

SC186 Direct Entry Training Requirement

•    Applies to nominations lodged on/after 18 March 2018
•    Defines employee as the term is defined in the Fair Work Act 2009.
•    Defines as “Payroll” as wages as defined by applicable state/territory payroll tax legislation plus payments to contractors or subcontractors (even if not included for payroll tax purposes) under certain circumstances
•    Defines payroll in cases where there are no employees and defines “recent” expenditures

SC186 TRT Transitional Arrangements

•    Establishes a class of persons who on 18 April 2017 held a 457 visa or had applied for a 457 visa that had subsequently been granted. Note that persons who have pending applications from prior to 18 April 2017 that have not yet been granted are not included.
•    Preserves time to hold 457/482 visa as 2 years in the prior 3 years as existed under previous sc186TRT regulations, preserved 4 digit ANZSCO code relationship between most recent 457/482 occupation and 186TRT occupation

Subclass 186 Skills, Age, Employment and Qualification Exemptions
•    Removed University tutors from skills and employment history exemption
•    Adds language for NZ citizens or partners holding sc461 visa re skills and qualification exemptions
•    Adds language of “being assessed” at ANZSCO skill level 1 or 2  for sc186DE and SC186TRT
•    Removed age exemption from medical practitioner for sc186DE 
•    Reduced requirements for sc457 holders who meet high income threshold for 186TRT
•    Specified transitional age arrangements for 187 TRT

Thanks to Mark Northam for providing this information.  Full details can be found here:

http://immigrationlawnews.com.au/detailed-analysis-tss-instruments/