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TSS Visa Update

SCA Connect brings the latest update on the new TSS (Temporary Skills Shortage) visa to be introduced in March 2018.

The current 457 visa program will be abolished and replaced with the new TSS visa program which is likely to called subclass 482. However, the regulations for this visa as well as the date of introduction have not yet been finalised by the Department of Home Affairs (DOHA). DOHA nonetheless has announced the following criteria for TSS visa:

Genuine Temporary Entrant (GTE): The applicant will need to satisfy that the he or she is genuine temporary entrant similar to the criteria specified for student and visitor visa subclasses. This criterion will be considered met unless the applicant has a history of holding various short-term visas over the past 4 to 5 years.

Transition from 457 to TSS: A person holding a 457 visa and transitioning to the TSS visa may be eligible to apply for a second TSS visa onshore. However, the details on the “limit of two visas” will be further clarified in March.

Non-discriminatory workforce test: This test may be required for certain cases and applications depending upon the composition of the business’s workforce including the number of local Australian employees in comparison to the sponsored employees. Further details on the test and “exceptions” will be confirmed at a later stage.

Labour Market Testing (LMT): The requirements for LMT may include acceptable methods of advertising, minimum period for advertising a position as well as exemptions to LMT.

Skilling Australian Fund (SAF): The relevant Bill is currently debated in Parliament. Once finalised, the new training levy will replace the current training benchmark obligations. However, there may be some flexible arrangements allowed during the transition or the overlapping period for the sponsoring businesses. The expenditure of the SAF will be collected and controlled by the Department of Education and Training.

Accredited Sponsor Scheme: DOHA intends to further promote and expand the accredited program currently in place for sponsors. This may prove highly beneficial to many businesses who can meet the requirements under the TSS visa.

In addition to the above, there may be various other changes such as the health criteria and minimum requirement of relevant work experience for the applicants. However, they will be concrete and confirmed once they are formalized with a legislation in place.

If you are a business looking to become an approved sponsor to nominate employees under the new TSS visa, our team of registered migration agents at SCA Connect can help you understand the expected requirements and the legislation once available in March. Contact us today to prepare your business for the changes ahead.

Disclaimer: The information provided herein is of a general nature only and does not constitute immigration advice. For more detailed and case specific information or advice, please contact SCA Connect.

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