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The Old and the New- 457 and 482 Visa Requirements Update

In April 2017, the government announced plans to conclude the 457 Visa program as the new TSS 482 Visa was introduced. As of March 2018, the program was closed for good. For existing 457 Visa applicants with undecided outcomes, they can still be granted 457 Visas if accepted.

With waits extending beyond 12 months – despite the Department’s goal of processing within five to ten months – the Department’s priorities and resource allocation has come under scrutiny. As new TSS 482 Visas are commonly processed within three to four weeks, it’s clear that the Department is prioritising new applications over the backlog of old 457 Visas.

 

 

457 Visa to TSS 482 Visa

The Department of Home Affairs has published a new update concerning the upcoming rollout of the government’s Skilling Australians Fund (SAF) and revised Labour Market Testing (LMT) requirements. Although they’ve yet to set an official launch date, SAF legislation – passed in parliament on 9 May 2018 – is expected to come into effect during the first quarter of the 2018-2019 period. Delays stem from negotiations between Federal and State governments over allocations.

 

 

New Regulations

Once legislation is implemented, multiple new regulations come into effect. This includes the SAF tax levy, payable for:

  • The Temporary Skill Shortage (TSS) Visa
  • The Employer Nomination Scheme (ENS) subclass 186 Visa
  • The Regional Sponsored Migration Scheme (RSMS) subclass 187 Visa

 

 

Labour Market Testing (LMT) Regulations

Used to stipulate how employers must advertise and seek to fill positions with Australian citizens and permanent residents first, LMT regulations have been considerably tightened. New restrictions include:

  • A requirement that LMT must be conducted no more than four months before a sponsorship application is lodged
  • The LMT period must consist of at least four weeks of advertising or formal search activities
  • Advertisements posted as part of a company’s LMT must stipulate any skills or experience requirements that are necessary for the position

Acceptable mediums for advertising have been extended to include:

  • The LinkedIn online recruitment platform – previously excluded
  • Any industry specific recruitment website that is relevant to the nominated position – previously required to be broadly based national reach website such as Seek or Indeed

While new regulations come into effect, previous LMT requirements must continue to be upheld in accordance with the arrangements specified in the Procedural Instructions Temporary Skill Shortage (TSS) visa (subclass 482) – nominations section.

 

Understanding the 482 Visa

At Modern Migration Australia, our experienced registered migration agents are on hand to provide you with reliable advice and quality migration services regarding the 482 Visa in Australia. As experts in Australia migration law and processes, we provide you with sound advice to support your application.

If you’re thinking of making the move to Australia or need assistance and guidance through the migration process, contact our Perth professionals on 08 6555 7718.