Australian Immigration Daily News

Australian Skilled Visas August Update – Migration Alliance Summary

The Department of Immigration introduced several changes to skilled visas as part of 1 July changes. At this stage no changes to the skilled occupation list have been announcedalthough the list is currently being reviewed. Below is a summary prepared by Migration Alliance.

1. GTS Update
Home Affairs confirmed that the very first GTS agreement is now in place and the pilot will continue to run for approximately 12 months. For full summary of the GTS visa as well as eligibility requirements visit our recent article:

https://migrationalliance.com.au/immigration-daily-news/entry/2018-07-am-i-the-right-candidate-for-gts-visa.html

The four-year TSS visa granted under GTS stream will allow transition to employer sponsored permanent residency.

Changes have been made to online skilled form for subclass 482 as well as 186 visas.  Applicants wishing to apply for subclass 186 visa will be required to provide travel history for the last ten years since turning 16.  Applicants wishing to apply for subclass 482 visa will be required to provide a high-quality face photograph 

The purpose of the changes is to align questions between subclasses. 

At this stage, the Department of Immigration is yet to confirm implementation date for Skilling Australians Fund.  The expected implementation date is expected this quarter.  Further information on SAF levy can be found here. 

https://migrationalliance.com.au/immigration-daily-news/entry/2018-07-saf-update-five-states-sign-national-partnership-agreement-npa.html

Once the levy is introduced, the Department is expected to introduce further changes to TSS visas including ability to work part time in limited circumstances as well extending the nomination validity period to accommodate merits review with the Administrative Appeals Tribunal in the event where the corresponding visa application is refused.

Processing times continue to pose a major obstacle to temporary skilled visa program.  The average time to process a subclass 457 visa is 5 to 7 months.  TSS visas are processed within 2 months.  As reported by Migration Alliance previously, employers wishing to sponsor overseas workers should consider becoming accredited and further information can be found here: 

https://migrationalliance.com.au/immigration-daily-news/entry/2018-07-sponsorship-accreditation-possible-solution-to-lengthy-visa-processing-times.html

Condition 8607 specifies the holder must work only in the occupation (the nominated occupation) nominated by the nomination identified in the application for the most 482 visas granted to the holder (subject to limited exemptions).  Further, this condition requires the holder to commence work once the visa was granted within 90 days after arrival in Australia or 90 days after the visa was granted if the holder was in Australia at the time of grant.  The holder is not permitted to ceasing employment for more than 60 days.

The above condition will only apply to subclass 482 visa holders.  Subclass 457 visa holders will continue to be subject to Condition 8107 (work limitation).

Home Affairs confirmed that interpretation of direct control provisions set out in Regulation 5.19(3)(a)(iv) and 5.19(3)(i)) introduced on 18 March 2018 has been reversed.  This means that applicants who have worked for an associated entity of their sponsor can count the time spent working for an associated entity towards meeting their eligibility requirement to qualify for the Temporary Residence Transition Stream.  This also includes situations where a potential applicant has changed their role and a subsequent TSS nomination is lodged under the same four-digit ANZSCO code.

Home Affairs advised that approval of labour agreements is currently taking six months.  To address lengthy processing times, Home Affairs will be moving such applications online to ensure that certain requests are processed more quickly.  At this stage, implementation date is expected towards the end of 2018. 

Full summary of the newsletter can be found here: https://www.homeaffairs.gov.au/trav/work/newsletters/august-2018