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Key Updates on Temporary Skill Shortage Visa (Subclass 482) and Related Changes

OSHCstudents – The Australian Government has recently implemented several crucial changes to the Temporary Skill Shortage (TSS) visa (subclass 482), impacting various aspects of employment and sponsorship. Here’s a concise overview of these updates:
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Understanding the Temporary Skill Shortage (TSS) Visa Adjustments

1. Changing Employers

A visa holder cannot start with a new employer until the new employer’s nomination is approved.

2. Adjusting Work Hours

Employers must ensure they meet the Temporary Skilled Migration Income Threshold (TSMIT). If altering hours means the TSMIT is no longer met, a new nomination must be submitted.

3. Modifying Duties

Changing a worker’s role to one with different duties requires a new nomination. The employee must also apply for a new visa if their role changes significantly.

4. Altering Work Location

The ability to change work locations depends on the specific visa conditions. Some visas mandate work in designated locations.

5. Promoting Workers

Promotion without a change in duties is permissible. However, a new nomination is required if duties change, and the employee must apply for a new visa.

6. Increasing Salaries

Paying a higher salary is allowed if the duties remain the same. Employers must continue to meet TSMIT and submit a new nomination if the role or duties change.

7. Ending Employment or Sponsorship

If employment ends or sponsorship is terminated, employers must notify the relevant authorities within 28 days. The employee has 60 days to find a new sponsor, secure a different visa, or leave Australia. Employers are responsible for covering reasonable travel costs and may incur costs if the visa holder becomes unlawful.

8. Taking Over Sponsorship

To assume sponsorship of a worker from another employer, you must be an approved sponsor for the current visa. A new nomination is required, and a new visa application may be necessary if the worker’s duties change or if moving from a Labour Agreement to a Standard Business Sponsor.

9. Visa Expiry

If a worker’s visa is expiring and you wish to continue employment, you must make a new nomination and the employee must apply for a new visa. Visa extension is not an option.

10. Pathway to Permanent Residency

Workers on a subclass 482 or 457 visa can be sponsored for permanent residency through the Employer Nomination Scheme (subclass 186) or the Regional Sponsored Migration Scheme (subclass 187).

Important Budget Update: Work Experience Requirement Reduction

From 23 November 2024, the work experience requirement for subclass 482 visas will be reduced from two years to one year. This change applies to all visa streams and aims to simplify the application process and address skill shortages. Although the skill requirements remain, this reduction is expected to facilitate smoother transitions for skilled workers.

Business Innovation and Investment Program (BIIP) Closure

The BIIP has faced criticism for its performance, leading to a halt in invitations for new visa applications. Existing holders of subclass 188 visas seeking permanent residency (subclass 888) will not be affected, but new applications are currently paused due to a backlog.

New National Innovation Visa

By late 2024, Australia will introduce a National Innovation visa, replacing the Global Talent visa (subclass 858). This visa targets exceptionally talented individuals whose expertise aligns with national innovation priorities, aiming to drive economic growth and competitiveness in key sectors.

These updates reflect Australia’s ongoing efforts to streamline immigration processes and attract skilled migrants to address workforce needs and support economic development.

If you are international student, a foreigner arriving in Australia, or Australian citizen traveling abroad looking for OSHC, OVHC, travel insurance, please contact Annalink team at email info@oshcstudents.com and our partners for further information and assistance.

OSHCstudents Team (Source: Immi HomeAffairs)

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