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Australian Skilled Visas - an Update

06 Sep 2018

Important features

The Home Affairs Department has presented the order of processing TSS applications:

• Applications filed by authorized sponsors
• Applications for positions located in regional Australia
• Applications filed under the Labor Agreement stream
• Remaining applications

Moreover, the Processing time for these applications is dependent on various factors like the Stream in which an applicant applies, or whether the nominee is presently a 457/482 Visa Holder.  The average processing time for TSS applications is 32 to 50 days for 75% cases.

The department also confirmed that it will not accept requests for priority processing from 5th September.  Sponsors must also gain accreditation. The four categories involved in the accreditation status presently available are:

• Commonwealth, state/territory governmental agencies
• Trusted Traders of Australia
• Low volume use and top percentage of local workers
• High volume use and medium percentage of local workers


Moreover, the Home Affairs intends to remind to sponsors/visa holders that the sponsors must renew their Standard Business Sponsorship before it expires; and the Visa holders must know that if the sponsor notifies the Department about cessation of employment, they have 60/90 days from their employment cessation date to find another present Business Sponsor who can nominate them. In case of failure they have to leave Australia. This arrangement is in force since 9th August 2018.

LMT Update

There is a series of fresh arrangements regarding labor market testing since 12th August 2018.

In The new current rules, a business sponsor at the time of filing the 482 nomination should provide this information:

• Copy of the job advertisement,
• Paid invoice for such advertisement,
• The volume of applications received for the position,
• Reasons which show non suitability of other applicants for the role
The evidence regarding the advertisement needs to be uploaded by using the Immi account on filing.
• Two advertisements in English On the recruitment website having a national outreach
• recruitment platform of LinkedIn online
• A general classifieds website or an advertisement in social media notification.
• Please note that Twitter and Instagram are not acceptable
• In case the sponsor has an accreditation, the advertisement can be published on the website of the sponsor
• When there is a use of external recruitment companies for conducting LMT for the sponsor, there must be a Letter of Support from the Recruitment Company, showing the recruitment activities and a copy of the advertisement satisfying the LMT requirement.
• Moreover, the advertisement must show the title of the position. There must be a mention of skills, experience and the salary for the position in case the annual earning is lower $96,400.00.

SAF Levy Update

Home Affairs has also confirmed regarding the SAF levy which should not be covered by a nominee. The Employers must pay the SAF levy for all applications.  In case a nominee pays it, it is a breach of payment for visa law.

In case the employee transfers the visa to a new employer, the sponsor should pay SAF levy for the remaining period of employment.

SAF refunds are available from November for a situation where the employment period exceeds one year and it is Discretionary only. There can be a decline of refund request where companies are engaged in activities for avoiding the intended operation of the scheme.

Skilled Migration Ceiling Update

The Home Affairs has issued an update regarding Skilled Migration Occupation ceilings on 29 August.  Refer the website for a complete list of occupation ceilings for the present year

Snow Sports Labor Agreements

New sponsors cannot use the SSLA from 31st August 2018 after there were discussions with stakeholders. The applicants must use Temporary Work Short Duration Specialist of subclass 400 visa where they need the services of overseas workers in the ski season.

Subclass 400 visa is exclusive for professionals who travel to Australia to perform short-term, specialized, and not an ongoing work, to participate in activities beneficial to the interests of Australia. The stay period is up to three months only subject to relaxation in case of support by a strong case.

We at BeAustralian have a strong team, to guide and assist the aspirants, to fulfill their immigration goals. 

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