Temporary Skills Shortage (TSS) visa update

An update has come through from the Department of Home Affairs regarding the announced 457 visa changes and replacing it with Temporary Skills Shortage (TSS) visa. They want to further clarify issues and information related to the roll out of the TSS visa.

There are still some unresolved issues with the Temporary Skills Shortage (TSS) visa, which are currently being debated in parliament with all information and regulations still not completely finalised (this information will be published as soon as we have it).

When exactly the new TSS visa will roll out is still undecided, but there is talk it will be in the first half of March 2018.

If you’re an applicant transitioning from the 457 visa to a TSS visa, you will still be eligible to apply for a second TSS visa in Australia.

What does this visa allow you to do?

The TSS visa is a temporary visa which permits the holder to live in Australia, while working full-time for the sponsoring employer in a nominated position. Applicants for a TSS visa may include dependent family members in their application too.

Genuine Temporary Entrant

All Genuine Temporary Entrant visas will be processed unless you have had a history of short term visas over the last five years. Whether this will be a short-term employment visa or include other visa subclasses is yet to be decided.

Non Discriminatory Workforce Test

The Department has stated this will be an exception test, rather than for all TSS applications.This means it will be focusing on examples where a business’ workforce differs significantly from the typical industry averages.

Having said this, the Department recognises there may be good reasons for exceptions to the industry norms, and therefore would only expect to investigate a relatively low number of businesses each year.

Labour Market Testing

Labour Market Testing (LMT) requirements will be clarified by ensuring that the duration a position should be advertised, its method of advertisement and exemptions are all stipulated.

Parliament is still debating LMT related issues and as such have not been finalised.

Skilling Australians Fund

Parliament is still debating this Bill, and the Department is not intending to delay the TSS visa, if legislation related to the SAF is not completed by March 2018.Until the legislation is finalised, training benchmark obligations will continue.

Sponsors should not be affected by SAF obligations and training benchmarks during any overlapping periods, and the Department will use its discretion accordingly.

Should the employee leave the sponsor before the end of the visa’s valid period, there will be no refund of the SAF levy.Similarly, a second employer who elects to sponsor the holder of the visa would also have to pay the resulting SAF levy.

The SAF could only be refunded if the TSS nomination is refused.Collection and control of SAF expenditure is the responsibility of the Department of Education and Training.

Accredited Sponsors

The Department is looking to expand the accredited sponsor scheme and will be examining the settings for this option.

Streamlining the application process

The 'look' of the TSS application form will be different to that of the 457 visa and 'lower risk' applications will be prioritised (what low risk means at this stage is not yet provided).

If you are requiring an assessment to determine if there are any areas that you will be affected by the TSS visa changes get in touch with Sellanes Clark & Associates, your immigration experts.

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