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employer sponsored visa

Temporary Skill Shortage visa (TSS Visa) and Skilled Occupation Lists (SOL)

The Skilled Occupation List (SOL) is a list of skilled occupations that are in demand.

Occupations on the SOL List are assessed on an ongoing basis with new roles being included and removed from time to time (Immigration has confirmed that the list will be revised every 6 months).

The new Temporary Skill Shortage (TSS) visa (subclass 482) will come into effect in March and will replace the 457 program.

The TSS visa will still allow skilled workers to come to Australia to help fill a legitimate skills shortage. But this new type of visa will have fewer eligible skilled occupations than the 457 visa.

The Short-Term stream of the TSS visa will allowing an individual a stay of up to two years, and a Medium-Term stream will allow a stay of up to four years. The occupations will now be divided into the Short Term Skilled Occupations List (STSOL) for those applying under the Short-Term stream and the Medium and Long-term Strategic Skills Occupation List (MTSOL) for those applying under the Medium-Term Stream.

These new occupation lists for the new Temporary Skills Shortage (TSS) visa, along with the Employer Nomination Scheme (ENS) 186 visa and Regional Sponsored Migration Scheme (RSMS) 187 visa will be published in March 2018.

The Short-Term stream visa is renewable only once in Australia. 

The Medium-Stream visa holders may renew their visas onshore and may apply for permanent residence pathway after working for three years in Australia.

Tighter regulations

These new visa streams will have stricter requirements attached to them, and this includes higher English language capability, work experience requirements, additional character, anti-discrimination and training requirements and salary rates in line with current Australian market rate salaries. There will also be strict Labour Market Testing (LMT) requirements which means business sponsors will have to test the local labour market before taking someone from overseas.

If you require further information or advice please contact the experienced team at Nevett Ford Lawyers.

Skilling Australians Fund

There have been significant legislative changes affecting visa holders and applicants of both the permanent Skilled Migration Program and the Temporary Skilled Migration Program (often known as the 457 visa program) and these continue throughout 2018.  However there are also changes forecasted for employers who participate in these programs, specifically in terms of an increased economic contribution into a newly formed fund designed to increase the skills, training and vocational education of Australians.

A Commitment to Training – The Existing Requirements

At present, in order to be an approved sponsor for the purposes of the 457 visa program (or support an application for permanent residency through the employer sponsored program), an organisation has two ways in which they can demonstrate their commitment to training. 

The first option is to demonstrate that they are spending at least 1% of their annual payroll on activities for the benefit of their employees that can be appropriately characterised as having a learning outcome.  These requirements come with a few caveats including:

  • The training outcomes must fit the size, scope and nature of the business;
  • The training must be for the benefit of Australian employees; and
  • The expenditure must not be for family members of the principals of the business. 

This leaves some discretion in the hands of employers as to how they want to engage and develop the skills of their existing employees.  For example, one of the most direct and obvious ways in which it is possible to meet the training obligations is for an employer to take on an apprentice or trainee.  The wages paged to that individual are then directly attributable to the employer’s commitment to training.

In the event a particular employer cannot meet this requirement there is an alternative option whereby a contribution to the value of 2% of the organisation’s annual payroll can be made into an Industry Training Fund (such as TAFE organisations). 

Skilling Australians Fund – The New Requirements

Commencing in March 2018, a new fund will be set up to assist with vocational education and training for Australians – the Skilling Australians Fund.  While the details of the funding model are currently being finalised, it will in part be funded by organisations who are participating in the temporary and permanent employer sponsored programs.

Organisations who have a need to source labour from abroad will be categorised as either small or large organisations depending on whether their turnover is below or above $10 Million.  From there they will be required to pay a levy per applicant into the Skilling Australians Fund.  From the information that has been announced, the levy will be payable in full at the time of the nomination, that is before a decision has been made on the nomination or the visa applications. 

The details of the levy payable are as follows: 

Table One:  Overview of Skilling Australian Levy of Organisations participating in Economic Migration Programs

Migration Program     

Temporary (457 / TSS) Visa Program
- Small Organisation: $1,200 per year per visa applicant
- Large Organisation: $1,800 per year per visa applicant

Permanent Visa Program
- Small Organisation: $3,000 per year per visa applicant
- Large Organisation: $5,000 per year per visa applicant

Should you have any questions about the above information or if you want to discuss how your business can access these arrangements in more detail please do not hesitate to contact us for a confidential discussion on (03) 9614 7111 on send us an on-line enquiry.

 

The new Temporary Skills Shortage (TSS) Visa

The Temporary Skill Shortage (TSS) visa will come into effect by March 2018.  It replaces the 457 visa and will be split into two groups Short-Term stream and Medium-Term stream. Here’s what you need to know:

What happens if I am on a 457 visa?

Those currently on a 457 visa will continue under the existing rules which apply to a 457.  The Department of Immigration and Border Protection is expected to announce what may happen to these 457 holders in the future.  It may be that an individual can transfer from a 457 to a TSS visa.

Short-Term TSS stream

The aim of the Short-Term TSS visa scheme is to allow businesses to fill posts with foreign workers on a temporary basis. They can only do this when they cannot find a suitably skilled Australian worker.

The positions eligible on the Short-Term TSS visa stream will be listed on the Short-Term Skilled Occupations List.  It’s a two-year visa with the possibility of one renewal so that’s a maximum of four years. It’s not clear at this stage whether they will be available to move onto permanent residency under the Employee Nominated Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS). All potential applicants will need to meet a certain standard of English and score 5 or above on an International English Testing System (IELTS). 

Medium-Term TSS stream

The aim of this scheme is to allow Australian businesses to fill posts with foreign workers where there is a severe shortage in highly skilled and in demand occupations.  These positions have been assessed as being of high value to the Australian economy.

The positions eligible on the Medium-Term TSS visa stream will be listed on the Medium and Long Term Skilled Occupations List.  This visa is available for 4 years and people can qualify for permanent residency after three years of employment with the same employer.

For further information, advice and assistance, please contact the experienced team of Immigration Lawyers and Registered Migration Agents at Nevett Ford Lawyers Melbourne:

Telephone: + 61 3 9614 7111

Emailmelbourne@nevettford.com.au