New South Wales (NSW) intends to commence invitation rounds for the Skilled Nominated visa (subclass 190) next week. NSW will no longer rely on specific ANZSCO unit groups to compile a skills list. Instead, it's adopting a dynamic sector-focused strategy to meet the demands of the job market.

NSW Target Sectors

The priority sectors identified by NSW closely mirror the current skills shortages within the state. These key areas include:
• Health
• Education
• Information and Communication Technology (ICT)
• Infrastructure
• Agriculture

Greetings to all aspiring immigrants and those keen on keeping up with the latest developments in Australian immigration. Here's a roundup of the most recent updates you need to know:

VETASSESS Skills Assessment Changes

VETASSESS has stopped taking skills assessments for the trade occupations of Chef, Cook, Diesel Motor Mechanic, Motor Mechanic (General), Fitter (General), Electrician (General), and Metal Machinist (First Class). This change comes as a disappointment to many tradies.

For more information: https://www.youtube.com/shorts/f6rVvopc19o

The TSS subclass 482 visa was introduced on 18 March 2018. It replaced the 457 visa which will no longer be granted. While applications for the 457 Visa are no longer being accepted, applications that were filed before 18 March 2018 will still be processed. View the full list of 457 and 482 Visa differences here.

10 points on the TSS 482 Visa:

1. Stages and Streams
2. Labour Market Testing
3. Training Requirements and Sponsor Obligations
4. Genuine Need for Position
5. The Annual Market Salary Rate (AMSR)
6. Skills Assessments and Work Experience requirements
7. Providing Complete Documents
8. School Fees and Giving Birth in Australia
9. Alternatives to the 482
10. Pathway to PR in Australia

 1) Stages and Streams In The TSS 482 Visa

A key feature of the TSS Visa 482 is that it splits the list into three streams:

• Short-Term stream
  • $1,330, per applicant over the age of 18.
• Medium-Term stream
  • $2,770, per applicant over the age of 18.
• Labour Agreement Stream
  • $2,770 per applicant over the age of 18.

Short-Term stream:

• Only allowed visa for duration of up to 2 years
• Only one onshore renewal possible – this means that after 4 years on TSS the applicant will have to go offshore to apply again.
• Occupations listed on STSOL
• No pathway to PR provided for short term occupation (unless covid-19 concessions apply for 186 TRT Stream, this is a new temporary concession for 482 Visa short term to PR 186)

Medium-term stream:

• TSS visas granted for up to 4 years
• No limit on number of onshore renewals
• Occupations listed MLTSSL
• Offers a pathway to Australian PR after 3 years holding visa with the same employer through:
  • ENS Temporary Transition (subclass 186)
  • (Only for certain applicants)RSMS Temporary Transition (subclass 187)

This means that if you are applying through the medium-term stream, your 482 visa will be valid for up to 4 years. You will then be able to meet permanent employer sponsored visa requirements, which are not available to 2-year TSS visa holders. You should note that if you are applying under the Short-term stream, you will need to meet Genuine Temporary Entrant (GTE) requirements.

We have writtern a blog related to the GTE issue for student visa in the 7 Policy Reforms For Australian Migration

Labour Agreement Stream:

The Labour Agreement stream is for where occupations are not on the TSS list. The employer applies for a Labour Agreement to allow them to sponsor specific occupations not on the list or to access certain concessions to requirements.

This includes DAMA, industry labour agreements, GTEs and company-specific labour agreement.

2) Labour Market Testing

While there are many requirements for the labour market testing, the most important features include:

• Advertising in at least three instances or mediums (one of which must be Workforce Australia)
• Running the job ad for at least 28 days
• Job ads must have been run in the last 4 months before lodging nomination stage
• Mentioning the salary of the position in the advert (If salary is less than $96,400)
• You may be exempted from the Labour Market Testing, if International Trade Obligations apply.

However, once the Skilling Australians Fund is implemented, 28 days of advertisement will be required.

3) Training Requirements and Sponsor Obligations

Since the Skilling Australians Fund was implemented, the TSS 482 visa programme no longer utilises training benchmarks A or B which were used by the 457 visa. Instead, employers have to contribute towards the Skilling Australians Fund by paying the nomination training contribution charge upfront when lodging the nomination application. The levy will differ according to the length of the visa and size of business. There are a large number of requirements for approved 482 Business Sponsors and 482 visa holders to comply with. 

Conditions applicable for business include:

• Applicant works in the nominated occupation
• Business should retain all the records
• Cooperate with any inspections

Conditions applicable for the applicant:

• Primary applicant can only work for the approved sponsor
• There are a limited number of occupations with exemption to work rights
• They must inform Department of Home Affairs if applicant stops working
• Must find have new nomination within 60 days if employment ends
• Ensure equivalence between Australians and foreign workers

The department undertakes monitoring upon all approved business sponsors.

4) Genuine Need for The Nominated Position

There must be a genuine need for the nominated position, which must be on the 482 occupation list. A leading reason for refusals is failing to demonstrate that the position is genuine and required for the business. The 482 occupation list can be regularly revised by the department, so you will need to check the list to see if your occupation is there when you are lodging the 482 nomination application. It is highly advised that all applicants submit strong and supported nomination applications for the 482 Visa.

5) The Annual Market Salary Rate (AMSR)

The Annual Market Salary Rate (AMSR) replaces the market salary rate previously required for the 457 visa applications. The AMSR is now more defined with strict differentiation between monetary and non-monetary remuneration. The salary must be at or above the Temporary Skilled Migration Income Threshold (TSMIT).This is the income threshold that is set by the Department of Home Affairs. Currently, the TSMIT is set at $53,900.

We advise that employers check with their migration agents or immigration lawyer to ensure the structure of the remuneration package for their sponsored employee meets AMSR requirements. Having too much of a non-monetary component as remuneration may result in the AMSR not being met.

6) Skills Assessments and Work Experience Requirements

Currently, a specified list of occupation and country of passport pairing are required to provide skills assessments for the TSS visa application. The list required to do skills assessments is mainly for trade related occupations plus for the occupation of program and project coordinator. The Department has not made any steps to extend this requirement so far. When the skills assessments are made compulsory (due to holding a specified passport when applying for a specified occupation), applicants will need to make sure they have enough time to complete the skills assessments before visa application is lodged, otherwise different options may need to be considered.

There is a new work experience requirements for the TSS 482 visa.

• TSS visa applicants will now need to demonstrate 2 years of relevant work experience before they can apply. 

This is a major change from the previous 457 visa requirements. Many international graduates may not have the 2 years of full-time and relevant work experience to apply for the TSS visa. This has been a major barrier to international graduates in Australia being able to seek employer sponsorship.

7) Providing Complete Documents

To avoid refusal of any application stage, it is important that all necessary documents are attached to your application. Furthermore, there have been cases where applications are refused due to only one or two documents missing from the employer or applicant. After the application is submitted, applicants may not be requested to provide further documents, especially for nomination applications, so it is advisable that all documents be attached to the online applications at the time of submission.

8) School Fees and Giving Birth in Australia

TSS visa holders need to be aware there if you have school age children enrolled in public schools, additional school fees may apply. For example in the state of South Australia, TSS 482 visa holders are expected to pay a levy for each child in school, which can amount to:

• Approximately $5900 per primary student per year
• Approximately $7000 per secondary student per year

Also, many temporary work visa holders are unaware that your health insurance coverage may not cover delivery or birth of newborn children in Australia. If you give birth to a baby in Australia while holding a TSS 482 visa, you may have to pay medical fees applicable to a foreign visitor, which will be a high amount.

9) Alternatives to The 482 Visa

If your Occupation is not on the list or you do not have the experience:

• Labour Agreement –The Labour agreement process is usually extended and would require professional assistance.
• Other temporary work visas such as the 407 training visa or 400 specialist temporary activity visas might be considered.
• Partner visa - might be an option if you have an Australian Partner.
• Or the Student visa – to increase your skills, as Australian has world class education providers

This is not the full range of options, but just some of the most common.

10) Pathway to Australian Permanent Residency (PR)

Permanent Australian residency is only available for the medium-term stream and not the short-term stream. For Medium-term Stream Visa:

• The pathway will be through the temporary transition ENS 186 (or RSMS 187 Visa, in rare cases)
• After working with the approved Sponsor for three years, applicants can apply for a Permanent Visa

Previous holders of the 457 visa may still be able to access a two year pathway to permanent residency. Legacy 457 visa workers may also be able to access an age concession.

Do you need help with a Sponsorship or TSS visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications.

• If you are a holder of a 457 visa or intend to apply under the new rules, we can assist you.
• We assist businesses of all sizes that are looking to sponsor and nominate a visa applicant.
• Advise businesses how to meet the Labour Market Testing requirements.
• We advise visa applicants on their eligibility to make the 482 visa application or who are transitioning from a 457 or 482 to permanent migration.
• We assist permanent migration for eligible 457 visa holders through the ENS 186 visa pathway.
• Advise visa holders with responses to the Department meeting the 8607.
• Advise visa holders with responses to ‘Notices of Intention to Cancel’.
• Advise Employers of their ongoing sponsorship obligations.
• Assist employer with application for accredited sponsorship.

If you are a potential visa applicant, please book a consultation to discuss your visa options. We are experienced in all types of Employer Sponsored visas.

Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

NSW STATE NOMINATION BASIC INFORMATION

NSW state nomination uses a selection-based invitation procedure so as to suitable candidates are invited by the state are satisfying the requirements of the growth in their local economy.

Please do keep in mind that Direct application is not applicable with NSW State Nomination both Offshore and onshore. In order to be nominated, you must first submit your profile in EOI Skill Select and wait for the invitation by the state to lodge.

There are different invitation rounds in NSW, with the closes date would be of January 2022 and it is held from time to time. Make sure you hit the subscribe Newsletter on our website for updates of everything in Australia Immigration. 

While held on an ongoing basis throughout the financial year, invitations rounds are not announced beforehand and don’t follow a pre-determined schedule as such.

NSW nominates candidates for the following Skilled Visa:

• Skilled Nominated visa (subclass 190): For nominated skilled workers to work and live in Australia as permanent residents. 90% of the visa applications are processed within 18 months.
• Skilled Work Regional (Provisional) visa (subclass 491): For skilled workers nominated by a state/territory government to work and live in regional Australia. 90% of the visa applications are processed within 9 months.

Other Australia visa pathways are also available for skilled professionals intending to migrate to NSW, such as – Global Talent Visa (subclass 858), Skilled Independent visa (subclass 189), Skilled Employer Sponsored Regional (Provisional) visa (subclass 494), and Employer Nomination Scheme visa (subclass 186) and TSS 482 visa.

Good news is now you can be residing onshore or Offshore to get NSW 190 state nomination with the following requirements below

Onshore:

Be currently living in NSW and –

·       have “genuinely and continuously” lived in NSW for the past three months, OR

·       be gainfully employed in NSW (long-term capacity, in nominated or closely-related occupation, for a minimum of 20 hours/week).

NSW STATE NOMINATION - OPEN FOR OFFSHORE

NSW 190: Mandatory Minimum 3 Years Work Experience requirement for Certain Occupations:

 

You may submit an ROI for NSW nomination under Stream 3 if you reside offshore.

While Covid is keeping most Australian states and territories closed for offshore applicants, South Australia announced in May 2021 that it is now considering sponsoring offshore applicants for 491 and 190 visas.

UPDATED 13 MAY 2021

Australia's current allocations of places for skilled migration and business visa nominations. 

Today, 10 September 2020, the interim nomination allocations for 190 visa, 491 visa, 132 visa and 188 visa for 2020 for the different state nomination programs have been released.

• Acceptance of the new requirements
• Explanation of what your contribution to the recovery will be (200 words or less) in either:
  • Business activity
  • Investment activity

This is according to news published by Live in Melbourne. We expect further information following the Federal Budget around 6 October 2020.

Victoria Skilled Migration - 491 visa and 190 visa

The Department of Home Affairs has confirmed that Victoria continues to use the interim allocation places beyond 5 October 2020. 

By 02 October 2020, Victoria's temporary allocation for 2020-21 were: 

• 600 places for skilled subclass 190
• 200 places for skilled subclass 491
• 400 places for the business innovation and investment program

Victoria has received more than 2,400 registrations of interest received from skilled migrants, and more than 480 application from business migrants.

On 26 November 2020, Victoria has annouced that the skilled program (subclass 190 and subclass 491) remain closed to new applications. They continue to select high calibre skilled migrants for nomination from the pool of Registration of Interest submissions.

Once Victoria receives confirmation of its full 2020-21 nomination allocations for the skilled and business migration programs, it would reopen its 2020-2021 nomination for 491 visa and 190 visa soon.

It will only select applicants to apply for Victorian visa nomination if their Registration of Interest demonstrates they are working in health or medical research and contributing to Victoria’s economic recovery and/or health response.  

To be considered for Victorian visa nomination, you must submit a Registration of Interest for Victorian State Visa Nomination.  Applicants who register their interest may then be selected to apply for Victorian visa nomination.  

To be eligible to submit your Registration of Interest (ROI) for Victorian visa nomination (subclass 190 and 491) you must

• be currently living in Victoria, and
• be currently employed in Victoria (minimum six months), and
• work in a highly-skilled occupation in health or medical research, which supports Victoria’s economic recovery and/or health response

VIC will then select the best candidates to apply for Victorian visa nomination.

We are expecting a further update from Live in Melbourne following 6 October 2020.

Today it has been announced by Immigration SA that they have received a limited allocation from the Department of Home Affairs for GSM 491 visa and 190 visa nominations and Business/Investment visa nominations. 

****UPDATE 18 June 2020***: NSW has removed the minimum period of residence and the working requirements for state nomination. The application deadline has also been extended to 5pm Friday 26 June 2020.

For the first time since the Skilled Work Regional (Provisional) visa (Subclass 491) visa was announced in November 2019, NSW is finally accepting nomination applications for this subclass. NSW Treasury will begin accepting nominations for 491 visa for a limited time. Read more to find out how to apply!

Applications opened on Monday 15 June 2020 and will close at 5pm on Tuesday, 23 June 2020. The application deadline has been extended to 5pm Friday 26 June 2020.

Applications will be assessed by the end of the financial year; Tuesday 30 June 2020.

The Coronavirus pandemic has impacted the situation for those who have applied for or who are looking to apply for a state sponsored, skilled visa.

Many states have made changes to reduce the availability of state nomination for offshore applicants, as offshore applicants will not be able to travel

to Australia until the border and travel restrictions are lifted.

In this article we will look at the changes to state nomination state by state and the impact of coronavirus on skilled migration.

In support of the South Australian Government’s on-going response to the Coronavirus, Immigration SA is implementing visa eligibility criteria changes and will prioritise the processing and nomination of health and medical workers.  

Both the Marshall State Government and the Morrison Federal Government have acknowledged the need to urgently find more medical and health professions to join the Australia’s Healthcare System. 

Epidemiology experts are predicting there will be an intense as well as lengthy infection period for the Coronavirus. 

Bruno arrived in Adelaide as a student visa and fell in love with Australia's laid back lifestyle.

Work Visa Lawyers helped Bruno with his successful Skilled Regional (Provisional) 489 visa application under the ANZCO 391 111 Occupation of Hairdresser.

With the new program year just getting underway, there have already been some trends emerging and changes to eligibility in the skilled migration space.

Immigration SA has announced it will temporarily will close its General Skilled Migration (GSM) state nomination application system from 24 June to early July 2019 in order to undertake system updates.

From 16 November 2019 the Department of Home Affairs will introduce two new skilled regional provisional visas with a new permanent visa pathway from November 2022. The two new provisional visas will supersede two existing visas and will include some significant changes that prospective applicants need to be aware of.

The ACT 190

After several months the ACT 190 nomination program will reopen on 29 November 2018 with a new nomination process.

Alan Tudge Speech On Australian Immigration and Regional Visa Policy Aimed to Promote Regional Migration in An Attempt to Solve the Population Problem in Sydney, Melbourne, & Southeast Queensland

The new subclass 482 TSS visa has replaced the subclass 457 visa.

This is the 10 Things you need to know about the 482 visa.

Tougher vetting imposed by Home Affairs Minister Peter Dutton has led migration to plummet to its lowest since 2007. As reported by the Department of Home Affairs, actual intake fell from 183,608 in 2016-2017 to a staggering 162,417 for the 2017-2018 financial year. This is attributed to a 46 per cent increase in visas being refused and an additional 17 per cent rise in application withdrawals due to the greater scrutiny, according to The Australian. Even though the government is not required to fulfil the current migration cap of 190,000, nearly every previous year they have.