The Temporary Skills Shortage (482) Visa replaced the 457 visa in March this year. My Way Visa has prepared some key points that are commonly arising from clients about this new visa.
The requirements for a company to firstly become a Standard Business Sponsor remain along with the requirement to Nominate the visa applicant for a specific occupation within the company. GOOD NEWS: If a business was a Standard Business Sponsor under the 457 program they continue to hold onto this. Standard Business Sponsorship is valid for 5 years.
A key change to the nomination process is the introduction of the Skilling Australians Fund levy. This rate is $1,200 per nomination per year for businesses with a turnover of under $10M and $1,800 for businesses with a higher turnover. The levy must be paid in total at the time of the application for nomination. Therefore, if you are eligible for the two year visa the company needs to pay $2,400 for this levy; for a four year visa the total would be $4,800 assuming the company has less than $10M turnover.
Other requirements for nomination remain much the same. There is a requirement for Labour Market Testing and the salary being offered must be above $53,900 (plus superannuation). Salary levels must also be reflective of the market rate for the particular occupation to ensure those sponsored are being paid at the same level as an Australian Citizen or Permenant Resident.
Another important point to note is that if the nominated occupation appears on what is commonly called the short-term tist the visa will be valid for two years with an option to extend for another two years. There is, however, no pathway to Permenant Residence under this stream. Where a nominated occupation appears on the medium-list there is an option for Permenant Residence after the 4 year period of the visa.
A requirement for the short-term option is also that an applicant be a genuine temporary entrant. This condition is similar to that now on Student Visas. The Department of Immigration and Border Protection (DIBP) will look at an applicants circumstances, immigration history and so on to determine whether they intend to remain in Australia to work temporarily. Not proving temporary entrant status could mean having an application refused.
Hopefully this sheds some light on the new TSS Visa for those interested in pursuing Employer Sponsorship in Australia. You can see there are mostly similarities with the old visa subclass 457 and some new additions. Please get in touch for a free, no obligation 1 hour consultation if you wish to discuss further.