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.

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

SC187 Eligible Occupations

• ·         There are two lists under the new instrument: 187 MLTSSL and 187 Regional Occupation List (ROL);
• ·         Under the previous version of Reg 5.19 for the Temporary Residence Transition (TRT) stream, either the nominee had held a visa subclass 457 for 2 years within the 3 years before the nomination application in the same occupation or his/her occupation was listed under IMMI 10/030 (exemption);
• ·         There is no such an exemption under the new instrument for TRT. Instead, the occupation must be listed under either the 187 MLTSSL or 187 ROL;
• ·         The combination of the 187 MLTSSL and 187 ROL is identical to the combination of the 2 previous 187 lists for the Direct Entry (DE) stream under IMMI 15/109 and 17/058;
• ·         The 187 MLTSSL and 187 ROL also apply to the DE stream;
• ·         The new instrument applies to nomination applications made on/after 18 March 2018.

Subclass 187 Skills, Age, Employment and Qualification Exemptions
•    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 sc187DE and SC187TRT
•    Removed age exemption from medical practitioner for sc187DE 
•    Reduced requirements for sc457 holders who meet high income threshold for 187TRT
•    Specified transitional age arrangements for 187TRT

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

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

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