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Employer-Sponsored Visa Changes September 2020

Written By Michelle O'Sullivan
Thu, Sep 10, 2020
Michelle O'Sullivan

The Australian Government has announced a number of changes to the employer-sponsored visa program, with the aim to fill urgent skills needs in critical sectors while also ensuring that Australian workers have first access to job vacancies.

Priority Skills

Immigration has introduced a new Priority Migration Skilled Occupation List (PMSOL) targeting occupations that will assist in Australia’s COVID recovery.

Focusing on health care, construction, and IT sectors, the Government hopes to fill urgent skills needs in critical sectors, create Australian jobs, and rebuild Australia’s economy.

Applicants for specified employer-sponsored visas will be given priority processing for both nomination and visa applications. These visa types include:

  • Subclass 482 – Temporary Skill Shortage (TSS) visa
  • Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa
  • Subclass 186 – Employer Nomination Scheme (ENS) visa
  • Subclass 187 – Regional Sponsored Migration Scheme (RSMS)

Visa applicants and visa holders in any of the occupations on the PMSOL can also request a travel exemption to enter Australia during the current border closures. However, the mandatory 14-day quarantine period still applies and costs will be at the traveller or sponsor’s expense.

Current PMSOL Occupations:

  • Chief Executive or Managing Director (111111)
  • Construction Project Manager (133111)
  • Mechanical Engineer (233512)
  • General Practitioner (253111)
  • Resident Medical Officer (253112)
  • Psychiatrist (253411)
  • Medical Practitioner (Not Elsewhere Classified) (253999)
  • Midwife (254111)
  • Registered Nurse (Aged Care) (254412)
  • Registered Nurse (Critical Care and Emergency) (254415)
  • Registered Nurse (Medical) (254418)
  • Registered Nurse (Mental Health) (254422)
  • Registered Nurse (Perioperative) (254423)
  • Registered Nurses (Not Elsewhere Classified) (254499)
  • Developer Programmer (261312)
  • Software Engineer (261313)
  • Maintenance Planner (312911)

Strengthened Labour Market Testing

From 1 October 2020, employers looking to nominate a foreign worker for a Subclass 482 TSS visa or a Subclass 494 SESR visa will be required to advertise the nominated position in three different places, one of which must be the Government’s Jobactive website (http://www.jobactive.gov.au).

The additional advertising requirement has been introduced in order to ensure that Australian workers have access to new job opportunities before foreign workers. Jobactive is a free recruitment site, so there is no additional cost to employers.

The balance advertisements can be on:

  • a recruitment website with national reach in Australia (other than Jobactive);
  • print media with national reach in Australia;
  • radio with national reach in Australia;
  • if an accredited sponsor—the sponsor’s website.

Nomination applications lodged prior to the 1 October changes do not need to meet this additional LMT requirement. It is therefore in an employer’s best interests to ensure that applications are lodged as soon as possible if labour market testing has already been completed.

Employers who may be affected are encouraged to contact TSS Immigration for case-specific advice.

For general advice and information on immigration and business travel to Australia, please contact us.

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