Employer requirements
Position must genuine, full time and likely to exist for five years
Annual market salary rate (AMSR) must not be less than TSMIT $53,900; annual earnings including non-monetary benefits must not be less than AMSR, unless nominated under the Labour Agreement stream; and terms and conditions no less favourable than for Australian employees must be provided
Minister must be advised by a ‘body’ (RDA/RCB?) with the responsibility for that part of Australia, that the nominee will be paid at least the AMSR
SAF charges: $3000 for businesses with turnover of less than $10 million, or $5000 for others
Cost of fees and nomination training contribution charge (SAF levy) cannot be recovered from the overseas worker or third party – amendment to Reg 2.87S
If nominating an existing Subclass 494 visa holder, the new sponsor is expected to assume the sponsorship obligations for family members who already hold a Subclass 494
Subclass 494 visa holders will be provided with 90 days to find another employer, if they cease employment with their sponsor
Visa can be cancelled if sponsor provides false and misleading information, fails to meet sponsorship obligations, is cancelled or barred from being a sponsor or where a party to a labour agreement, it is terminated, suspended or ceased
Applicant requirements
Must not have turned 45 at time of application
Employer sponsored stream – must have skilled occupation on an applicable list and have valid, suitable skills assessment;
Labour agreement stream – may be required to demonstrate has necessary skills to perform tasks of nominated occupation
Nominated occupation to be specified by corresponding 6-digit ANZSCO code
Must have been employed in the nominated occupation for at least three years on a full-time basis and at level of skill required for the occupation; Labour agreement stream – unless Minister considers it reasonable not to require this
Employer sponsored stream – applicant must have competent English at time of application, unless specified in a legislative instrument by the Minister; Labour agreement stream – English language skills suitable to perform the nominated occupation
Satisfies health and character requirements
Temporary visa – five years validity
Conditions 8578, 8579, 8580, 8581 and new Condition 8608 must be imposed
Visa can be cancelled if the visa holder did not have a genuine intention at the time of grant to perform the nominated occupation or ceased to have a genuine intention to perform that occupation or the position was not genuine
New Schedule 8 Conditions
Condition 8578
Notify Department within 14 days of changes to visa holder’s residential address, contact details, passport details, employer address, location of position
Condition 8579
Requires applicant to live, work and study (where relevant) in designated regional area
Permits visa holder to move between designated regional areas
Prevents visa holder from accessing any other skilled migration visa for at least three years
Cancellation provisions may apply if not compliant with Condition 8579
Condition 8580
Requires within 28 days, if requested in writing by the Minister, the visa holder’s residential address, address of employer, address of location of position employed in, address of any educational institution attended by visa holder
Condition 8581
Requires visa holder, if requested in writing by the Minister to attend an interview which may be undertaken face to face or by video conferencing applications
Condition 8608
The holder must work only in the nominated occupation identified in the application for the most recent Subclass 494 visa granted to the holder, must only work in position in nominating business or associated entity, unless occupation specified by the Minister or to fulfil a legal requirement after giving notice; commence work within 90 days of arriving in Australia; not cease work employment for more than 90 days; continue to hold license or registration
This article is written only as general information from information obtained from the Migration Institute of Australia until 2 July 2019 and not intended as a substitute for immigration advice. If you need more accurate information about the possibility of obtaining an Australian visa, you can contact Yapit Japoetra, MARN 0213101 (YNJ Migration Consultants) at (03) 9650 0895 or email yapit@tpg.com.au or other registered migration agents.
Yapit Japoetra (MARN 0213101) is a registered migration agent since 2002 from Indonesia and has more than 16 years of experience in Australian immigration law and can assist you in the application process or provide advice on how to get Australian permanent resident and other visas in Australia.
