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permanent residence visa

Global Talent Visa

On Sunday 18th March 2018 the subclass 457 visa was abolished and immediately replaced with the Temporary Skilled Shortage Visa (TSS visa).  Against the backdrop of this well publicised reform, The Minister for Citizenship and Multicultural Affairs, The Hon Alan Tudge MP announced a further expansion of this program, unveiled as the Global Talent Visa.  The Global Talent Visa will in effect be a new stream of the TSS program that will apply in two different scenarios:

1.       Established business wanting to employ high income earners from abroad with salaries of AUD$180,000 and above; or

2.       For proposed employees of “approved” start-up entities which operates within STEM fields. 

Prior to its abolition, there was widespread criticism that the 457 visa program was no longer fit for purpose and this served as a significant driver for its reform and ultimate replacement with the TSS visa.  So far a lot of focus of the TSS visa has been on the occupation lists and the restrictions in this area however, the mechanics of the TSS visa limit not just the types of roles which are permitted to be filled by overseas nationals, but also to limit the types of businesses that are permitted to use this program.  For many occupations, minimum turnover and minimum existing employee head counts are required before the business can access the TSS program.

These additional limitations can dramatically reduce the options available for start-ups.  Under the Global Talent Visa pathway, there will be no specific occupation limitations however, under both streams, the business will be required to demonstrate that the appointment will have the capacity to pass on skills or to develop other Australian employees.  

The 12-month trial, if successful will allow the visa holders to access Permanent residency in ways that mirror the existing Permanent Residency pathways for TSS visa holders with occupations on the Medium to Long Term visa.  Like all TSS visas, the applicants will be required to meet health and character and have the skills and experience necessary to perform the role. 

Should you have any questions about the above information or if you want to discuss how your business can access these arrangements in more detail please do not hesitate to contact us for a confidential discussion on (03) 9614 7111 on send us an on-line enquiry.

New Subclass 482 Temporary Skill Shortage Visa

As a result of a broad package of reforms relating to employer sponsored skilled visa programs, announced by the Government on 18 April 2017 the 457 visa will cease to exist on 18 March and will be replaced by the new Temporary Skill Shortage (Subclass 482) visa which enables employers to access a temporary skilled overseas worker if an appropriately skilled Australian worker is unavailable.

An overseas worker must be nominated by a sponsoring business and obtain a Subclass 482 visa before they can commence work in Australia. The Subclass 482 visa has three streams:

  • Short-term stream – allows employers to source skilled overseas workers in occupations on the Short-term Skilled Occupation List (STSOL) for a maximum of two years (or up to four years if the two year limitation would be inconsistent with an international trade obligation);
  • Medium-term stream – allows employers to source skilled overseas workers for occupations on the Medium and Long-term Strategic Skills List (MLTSSL) for up to four years; and
  • Labour Agreement stream – allows employers to source skilled overseas workers in accordance with a labour agreement with the Commonwealth, where there is a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available.

Changes to the Employer Nomination Scheme (Subclass 186) visa and the Regional Sponsored Migration Scheme (Subclass 187) visa will be implemented to complement the introduction of the Subclass 482 visa. The main changes will result in a tightening of eligibility for these visas by reference to criteria dealing with age, employment history, salary, English language, and eligible occupations.

Changes to eligibility requirements for the Temporary Residence Transition stream in the Subclass 186 and Subclass 187 visas will not apply to persons who held or had applied for a Subclass 457 visa when the changes were announced by the Government on 18 April 2017.

If you require further information or advice please contact the experienced team at Nevett Ford Lawyers.