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AUSTRALIA: New Employment Contract Policy for 482 Visa Applications Retracted [UPDATED 24/10/19]

[UPDATE]

The recent policy change requiring an end date for employment contracts for Subclass 482 Temporary Skills Shortage (TSS) visa applications has been dropped.

Visa processing officers have been notified that applications should be assessed in line with previous policy advice.

Background

The Department of Immigration announced that, effective 1 October 2019, employment contracts submitted in support of Subclass 482 Temporary Skills Shortage (TSS) visa applications could not be for longer than the maximum period of stay for the TSS visa.

In practice, this meant that the employment contract should have an end date and not be ongoing or for a permanent position.

Employers submitting 482 visa applications were therefore advised to ensure that employment contracts are not ongoing or for a permanent position, and/or are conditional on holding a suitable visa.

This policy change has now been retracted, following industry complaints.

Further Advice

  • Employers considering submitting a Subclass 187 Direct Entry Regional Sponsored Migration Scheme (RSMS) visa should note the 15 November 2019 closing date for this scheme.
  • Businesses are encouraged to work with Newland Chase to submit information to the Department of Employment’s review of the skilled migration occupation lists.
  • Employers who may be affected by these or any other issues are encouraged to contact a Newland Chase immigration specialist for case-specific advice.
DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2019 Peregrine Immigration Management Ltd.