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TSS 482/457 Employer Sponsored Visas

An Update on the Temporary Skills Shortage (TSS) Visa from Expert Migration Agents in Perth

At Modern Migration Australia, we simplify the migration process and make moving, living and working in Australia clear and stress-free. With a number of visa options for migrants looking into 457 visas, our professionals help to make your move smoother. As experienced migration agents in Perth, we provide expert advice on the transition to the Subclass 482 TSS Visa and  the old 457 visa costs and requirements specific to your situation.

The Department of Home Affairs recently provided an update on the new Temporary Skill Shortage (TSS) visa. Replacing the Subclass 482 TSS visa in Australia, some vagueness around the introduction of the TSS visa remains.Conditions remain unclear and costs associated with applying for and obtaining visas can be confusing.

Refining the New Visa

Here is a summary of problems taken directly from the Migration Institute of Australia’s (MIA) information release to agents and lawyers.

  • Date of introduction – there is still no definite date, but the Department informed the MIA that it will be in the first half of March. It will not be 1 March at this stage.
  • Genuine Temporary Entrant – the GTE 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. It is not clear at this time whether this will only be short term employment visas or include other visa subclasses.
  • Transition from 457 to TSS, limit of two visas – a visa holder transitioning from a current 457 visa to a TSS visa, will still be eligible to apply for a second TSS visa onshore.
  • Non Discriminatory Workforce Test – although there is no detail about this test as yet, it was confirmed by the Department that it will be an ‘exception’ test rather than for all TSS applications. The Department will be looking for cases where the composition of an organisation’s workforce does not match the usual industry norm, eg where the number of sponsored workers far outnumber Australian employees and is different to what would be expected in that industry. The Department does accept that there may be good reasons for such deviations and only expects to be examining a small number of cases each year.
  • Labour Market Testing – the requirements for LMT will be made much clearer by including the length of time a position must be advertised, the method of advertisement and exemptions to LMT. Issues related to the specifics of the LMT are still being debated in parliament and have not been finalised.
  • Skilling Australians Fund – the relevant Bill is still being debated in parliament. The Department does not intend to delay the introduction of the TSS visa, if the SAF legislation is not finalised by March. Training benchmark obligations will continue until such time as the SAF legislation comes into effect. The Department does not intend for sponsors to be subject to both training benchmark and SAF obligations at the same time and will exercise some flexibility during the overlapping periods. There will be no refund of the SAF levy in the event that an employee leaves the sponsor before the end of the visa validity and any second employer sponsoring the visa holder will also be required to pay the SAF levy. The only circumstances in which the SAF levy will be refunded will be if the TSS nomination is refused. The Department of Education and Training will collect and control the expenditure of the SAF.
  • Health criteria – The 457 health PIC 4006A will be replaced by PIC 4007 for the TSS visa.
  • 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. No definition of ‘low risk’ applications was provided at this meeting.

Understanding the TSS Visa Program

With so much ambiguity surrounding the TSS Visa Program, it can be difficult to understand how the new program will be introduced and applied. At Modern Migration Australia, our migration professionals provide regular updates on information and conditions as they become clarified.

Health Criteria

Of matters listed in the MIA release, the move from PIC 4006A to 4007 for the health criteria will impact visa applicants moving from the 457 visa to the new TSS visa. Changes in health criteria removes the option of the employer or sponsor from paying the costs of specialist medical care through the private health care sector for a secondary applicant.

The burden now moves to the applicant to prove that their spouse, child or other dependent family member’s health care won’t impact upon health resources in Australia – the ‘prejudice to access’ model the Department has developed. While some perceive this move as fair, the scarce health resources in the public sector – accessed only by permanent residents and citizens – showcases the inherent unfairness in the model. Applicants on 457 visas meeting PIC4006A will face significant hurdles when applying for TSS visas.

Genuine Temporary Entrants

The issue of Genuine Temporary Entrants is another ambiguity. GTE is applied to a range of visas, including student visas. In the student visa realm, a Federal Court decision in 2017 set out the flaws and failures of the Department’s application of the GTE requirement that student visa applicants had to meet. The Federal Court made clear that neither the Department or the Appeals Tribunal could focus on just one factor – number of visas held or time in Australia on a temporary visa – as the determent of meeting or failing the GTE requirement. Yet, as reported by the MIA, the Department appears to focus upon a single aspect of an applicant’s visa history to predetermine if they will meet the GTE requirement.

While the employer sponsored visa program in Australia does have its flaws, Modern Migration Australia provides support, information and advice on understanding, navigating and making the most out of GTE.

Reliable Advice from Experienced Migration Agents in Perth

At Modern Migration Australia, our professionals understand that visas, migration and evolving visa programs come with confusion and frustration. We’re on hand to provide expert advice on 457 visas in Australia, assisting with 457 visa costs, requirements, eligibility and conditions. With experience and expertise in Australian migration law, we work with you to mitigate legislative barriers and issues when migrating to Australia.

As registered migration agents, we help you follow the process of gaining permanent residency and relocating you, your spouse or your family members to Australia. For expert advice or to book a consultation with our professionals in Perth, simply contact us.

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