September 2018 Newsletter

To our valued clients, First Class Migration Australia would like to announce that starting this month we will be releasing a monthly newsletter, in addition to our ad-hoc announcements and updates, which will cover a range of topics and areas of migration law. If you have any suggestions or feedback as to areas you’d like to be covered for our October issue, please email us at our mailing address and we will do our best to include this for you. In the meantime, we hope you enjoy our September issue!

Click here to email us with questions for our October 2018 issue

CONTENT OF THIS MONTH’S NEWSLETTER:
1. A Message From the Team;
2. All Proposed Changes to the 482 Visa Now Implemented;
3. The TSS 482 Visa Explained;
4. The Difference Between STSOL and MLTSSL;
5. Labour Market Testing;
6. Two-Years Post-Qualification Experience Now Needed;
7. English Language Requirements;
8. Skilling Australians Fund (SAF) Levy;
9. Obtaining Police Clearances
A MESSAGE FROM THE TEAM: 
As many of our clients know, in the last eighteen months there’s been a number of massive and unprecedented legislative changes to migration law, namely in employer sponsored migration. These changes have certainly kept us on our toes, but have inevitably made our team and the entire First Class Migration Australia community that much stronger. We take this opportunity to thank all of our clients, old and new, for their great cooperation in adapting to the new changes during this period. We look forward to continuing to represent you and guiding you through what can be very stormy waters!
THE DIFFERENCE BETWEEN STSOL AND MLTSSL:
When an employer nominates a position for sponsorship they must nominate a role that is on the relevant occupation list. The Australian Government has concocted three occupation lists, only two of which we’ll focus on, which are respectively:

  • Short-Term Skilled Occupation List (STSOL);
  • Medium- to Long-Term Strategic Skills List (MLTSSL); and
  • Regional Occupation List (ROL)*
    *Please contact us if you would like information about this list*

Occupations on the STSOL can obtain a two-year visa, with an additional two-years that can be applied for thereafter onshore. There is, however, no permanent residency pathway here.

Occupations on the MLTSSL, however, can obtain a four-year visa, with transition to permanent residency after three years or sooner if you can meet the requirements for other permanent employer sponsorship.

LABOUR MARKET TESTING:
Requirements for Labour Market Testing for all Temporary Skills Shortage (subclass 482) nomination applications have officially changed (hopefully for the final time) as of 12 August 2018.

It is now mandatory for companies to undertake labour market testing prior to submitting any nomination application for a Subclass 482 visa. All advertisements posted as part of your company’s Labour Market Testing must be live for a minimum of four weeks, conducted within the four months immediately prior to the lodgement of the nomination, and advertised in Australia.

For further information about Labour Market Testing, please read our latest newsletters hereand here.

TWO YEARS POST-QUALIFICATION EXPERIENCE REQUIRED:

For all visa applicants relying on their qualification to meet the skill level required for your occupation, the Department of Home Affairs now requires the visa applicant to demonstrate two years of full-time employment experience in addition to their qualification.

ENGLISH LANGUAGE REQUIREMENTS:
To meet the English language criteria necessary to submit a visa application, all visa applicants must have either completed at least five years of full-time study in a secondary education institution or higher education institution where instruction was delivered in English, or have passed an English Language test.
If you don’t meet the five-year study requirement, you will need to provide evidence of your English Language test results. There are two English Language tests we recommend, being IELTS (https://www.ielts.org/) or Pearson Academic (https://pearsonpte.com/). Our agents can advise what score you’re required to achieve based on your occupation.

SKILLING AUSTRALIANS FUND (SAF) LEVY:

As of 12 August 2018, employers are required to pay a Skilling Australians Fund levy for every nomination on the Temporary Skills Shortage (subclass 482), Employer Nomination Scheme (subclass 186) and Regional Sponsored Migration (subclass 187) streams. This levy will be payable at time of lodgement of the nomination, and the amount payable is determined by the annual turnover of the sponsoring employer’s business. 
For businesses with a turnover of over $10 million, the fees attached to the Temporary Skills Shortage (subclass 482) nomination will be $1,800.00 per year nominated. For businesses with a turnover of under $10 million, the fees attached to the Temporary Skills Shortage (subclass 482) visa will be $1,200.00 per year nominated.
For Employer Nomination Scheme (subclass 186) and Regional Sponsored Migration (subclass 187) nomination applications, the fee is fixed at $5,000.00 for businesses with a turnover of over $10 million. For businesses with a turnover of under $10 million, the fee is fixed at $3,000.00.

OBTAINING POLICE CLEARANCES:

A reminder to all visa applicants that you must meet all character requirements and provide police clearances from all countries you have resided in for 12 months or more in the last 10 years. Please ensure you declare any and all convictions, offences and misdemeanours on your visa applications and ensure these are brought to the attention of your representing agent. Your agent will provide full and detailed instructions on how to obtain the relevant checks as soon as they’ve reviewed your travel and/or residential history.