Employer Sponsored Updates – TSS Visa, RSMS & ENS – Final Stages of Implementation

The Department of Home Affairs (DHA) (formally the Department of Immigration & Border Protection) is in the final stages for the implementation of the Temporary Skills Shortage (TSS) (subclass 482) visa and the associated changes to the Employer Sponsored Migration programme.

As advised in our previous update, the 1 March 2018 implementation date has not been met and it is expected the TSS Visa will be implemented (subject to drafting and passing of the relevent regulations) within two weeks.

The Department of Home Affairs has provided a further update which are to be used as guidelines until formal clarification has been made available.

Eligible Skilled Occupations – Medium and Long-term Strategic Skills List (MLTSSL) & Short term Skilled Occupation List (STSOL)

• Additional skilled occupation will be made available to employers in regional areas for visas such as the Regional Sponsored Migration Scheme (subclass 187) and the Skilled Regional (Provisional) visa (subclass 489).
• Occupations may be moved between the Short-term Skilled Occupation List (STSOL) and the Medium and Long-term Strategic Skills List (MLTSSL) to support the introduction of new regional occupations.
• The caveats that are currently in place will be revised with changes
• For Labour Agreements occupations will continue to be those specified in the relevent labour agreement as negotiated

Labour Market Testing (LMT) requirement for the TSS (subclass 482) Visa

Labour Market Testing (LMT) will be mandatory to all TSS Nominations unless international trade obligations apply. It is expected that the following will apply:

• Various methods of LMT will be recognised by the Department which may include national recruitment websites such as Seek and Indeed, print media and radio but are not expected to include a general classifieds website such as Gumtree.
• A specific duration and specified period will be applied prior to submitting the nomination to meet the LMT requirements.
• All advertisements must be in the English language.
• Flexibility in regards to the requirement of LMT will remain for situations such as business structure changes, changes of the pay rate of the position and for talent-based positions.

Work Experience Requirement for the TSS (subclass 482) Visa

It has been made public since the Government’s announcement on 18 April 2017 that a mandatory period of work experience will be required for all individuals looking to be sponsored and apply for a TSS (subclass 482) visa. The work experience  will require applicants to have at least two years work experience in a highly relevent field.

Policy is intended to include:

• Flexibility in the context of the nominated occupation and standard industry practices.
• Work experience should be undertaken in the last five years and would require it to be calculated in full time work, part-time work may also be considered by the Department.
• Work experiences gained as part of the research components of a Masters and/or PhD may be considered in certain occupations such as Medical and Research based occupations.
• Experience that has been gained through clinical placements and internships may be considered as work experience for Medical Practitioners including Resident Medical Officers (RMO’s).
• Professional Year Programs with an internship compenent may be considered as work experience for relevent occupations
• Performance experience gained while studying may be considered for applicants with a performing arts occupation.

Repeat TSS Visa Applications

All applicants for a TSS (subclass 482) visa can be inside our outside of Australia when they apply for the visa and when it is granted, however if the application is for an occupation that is listed on the Short-Term Skilled Occupation List (STSOL) the primary applicant must be outside of Australia if they have held more than one TSS Visa with an occupation of the STSOL.

Summarised:

• Short term TSS visa holders can only apply for one extension onshore (for a further period of two years)
• If short-term TSS visa holders have held two TSS visa’s in Australia, they will need to apply for their third offshore (outside of Australia)

It is worth noting that the Department has indicated that if an applicant has held two short-term TSS visas in Australia and has gone offshore to lodge a third application, Genuine Temporary Entrant (GTE) issues may arise, that is, their intention of only remaining in Australia temporarily may be questioned.

Condition 8607 will be imposed on the TSS (subclass 482) Visa

Condition 8607 is a new condition that will be imposed on the TSS visa which will require all TSS visa holders who wish to change occupations, to have a new nomination approved and a new visa granted before they commence work in their new occupation.

TSS visa holders, who only wish to change employers, will only be required to lodge a new TSS Nomination.

Further updates will be provided as they become available.