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What's News in Immigration? - 7 March 2018

07 March 2018

3 min read

#Immigration Law

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What's News in Immigration? - 7 March 2018

Reminder: TSS Visa (Temporary Skill Shortage Visa) roll-out
From March 2018, the 457 visa will be abolished and replaced with the TSS visa (Subclass 482). TSS visa applicants will require to provide Genuine Temporary Entrant (GTE). A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work.
Note: Although it won’t roll automatically on 1 March, it’s only a matter of time before TSS visa or subclass 482 commence. The Department of Home Affairs has confirmed that it will start somewhere in the first half of March.

ENS and RSMS Visas Changes being introduced for March 2018
The key changes being introduced in March 2018 for the ENS and RSMS visa programs, subject to the transitional arrangements and the final drafting of regulations, are:
Skilled occupation lists: The MLTSSL will apply to the ENS (186) and the RSMS (187), with additional occupations available through the RSMS to support regional employers
Salary arrangements: the new market salary framework planned to be introduced for the TSS visa will also apply to ENS and RSMS, including Temporary Skilled Migration Income Threshold (TSMIT) requirements
Residency: The eligibility period to transition to permanent residence will be extended from two to three years
Work experience: At least three years’ work experience relevant to the particular occupation will be required
Age: All applicants must be under the maximum age requirement of 45 years at the time of application.

Migration and Other Legislation Amendment (Enhanced Integrity) Bill 2017
House of Representatives Third reading agreed to 27 February 2018
Amends the: Migration Act 1958 to: enable the publication of information in relation to sponsor sanctions; clarify the circumstances in which merits review is available for visas that require an approved nomination; and correct certain references to the Regulatory Powers (Standard Provisions) Act 2014 ; and Income Tax Assessment Act 1936, Migration Act 1958 and Taxation Administration Act 1953 to enable the department to collect, record, store and use tax file numbers for prescribed purposes in relation to prescribed visas.

Visa integrity laws pass House of Representatives
Under the new laws, skilled visa sponsors who breach the law may be publicly disclosed. The laws would also allow for data-matching of tax file numbers to help ensure the salaries of Australian workers are not undercut by overseas workers. The reforms are set out in the
Migration and Other Legislation Amendment (Enhanced Integrity) Bill 2017
which supports recommendations of the Robust New Foundations review into the 457 visa system (27 February 2018).  

G'day UK? Bishop suggests US-style visa for Aussies post-Brexit
Foreign Minister Julie Bishop is pushing for a better working visa arrangement for Australians as part of free trade negotiations with the UK, and says the reciprocal USA E-3 model could work well (20 February 2018).  


Contact:

Rachel Drew, Partner 
T: +61 7 3135 0617 
E: rachel.drew@holdingredlich.com

Disclaimer

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. 

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