Ethos Migration has been informed of a range of updates relating to the Subclass 482 – Temporary Skills Shortage (TSS) Visa that is set to replace the Subclass 457 visa in March of this year. Up untill now there have been various updates and information provided from the Department of Home Affairs (DHA) formally the Department of Immigration and Border Protection.

The most recent updates we have received are in relation to the date of introduction, the new genuine temporary entrant requirement, issues relating to the transition from 457 to TSS and the limit of two visas, the non discriminatory workforce test, labour market testing, the skilling Australians fund, health criteria, accredited sponsorship and the streamlining of the TSS visa application process.

Below we will outline the information received for each of these points.

When will the TSS Visa be introduced?

At this stage there is still yet to be a definite date, however it has been confirmed that it will NOT be the 1 March 2018 at this stage, but rather in the first half of March 2018.

The Genuine Temporary Entrant (GTE) Requirement

A distinct difference between the Subclass 457 visa and the Subclass 482 TSS visa is the Genuine Temporary Entrant requirement that will apply to the visa. Essentially applicants will need to satisfy the Department that they intend to remain in Australian temporarily. The Department has advised that this requirement will be considered met unless the applicant has a history of holding a number of short term visas over the last 4-5 years. There is no clarification is this requirement will apply to only short term visas, (two years) or include the other visa subclasses.

Further clarification relating to the transition from the subclass 457 visa to the TSS Visa

Visa holders that are transitioning from a current subclass 457 visa to a TSS visa will be eligible to apply for a second TSS visa onshore.

The Non Discriminatory Workforce Test

The Non Discriminatory Workforce Test requirement will relate to cases received by the Department which display sponsored workers far outnumbering the amount of Australian employees in the workforce. There is no concrete information about this requirement yet however the Department has confirmed it will be an ‘exception’ test instead of applying to all TSS visa applications. The Department has advised that they understand there may be good reasons for deviations in the number of local vs sponsored employees and only expect to be examining a small number of cases each year against this requirement.

Labour Market Testing

The Labour Martket Testing requirements for the Subclass 482 TSS visa will be much clearer by outlining the length a position must be advertsied, what methods of advertisements are acceptable and what exemptions will apply to labour market testing.

There is no further information available at this stage, however it is anticipated that all positions will be subject to labour market testing unless certain exemptions apply.

The Skilling Australains Fund (SAF)

Replacing the training benchmarks for Standard Business Sponsorship applications, the Skilling Australians Fund (SAF) will require businesses to pay a levy for each position nominated. During the transition from 457 to TSS the Department does not intend for Standard Business Sponsor’s to be liable to both the training benchmarks and the SAF and will exercise flexibility in this regard. The Department has advised that there will be no refund of the SAF levy in the event that an employee is terminated or leaves employment prior to the visa expiry. If a visa holder is to transfer to another employer, the second employer will be liable to pay the SAF levy.

Only in the event of a nomination refusal will the SAF levy be refundable.

The SAF levy will be collected and managed by The Department of Education and Training.

Health Criteria

Currently, Public Interest Criteria 4006A applies to the subclass 457 visa, however with the introduction of the TSS Visa, the health criteria will be replaced by PIC 4007.

Accredited Sponsorships

The Department will be undertaking a thorough review of accredited sponsorships with the intention of expanding this scheme. Further information will be available as it comes to hand.

If you have any further questions relating to the Subclass 457 and the transition to the Subclass 482 – TSS visa please contact us today.

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