Australian Immigration Update Update Implementation of the TSS Visa The information contained herein is of a general nature only and should not be relied upon as professional advice. May 2018
Australian Immigration UpdateUpdateImplementation of the TSS Visa
The information contained herein is of a general nature only and shouldnot be relied upon as professional advice.
May 2018
1. Looking back at 2017
2. Processing update
3. Introduction of the TSS Visa
4. Permanent Residence under the Employer Nomination
Agenda
4. Permanent Residence under the Employer Nomination Scheme
5. Skilling Australians Fund Levy
6. Other Visas to Consider
7. What does this mean for Griffith?
8. Questions
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Looking back at 2017On Tuesday 18 April 2017, Prime Minister Malcolm Turnbull announced the Government’s plans
to abolish the 457 visa and replace it with a new visa – the Temporary Skill Shortage (TSS)
visa.
“Australian workers must have priority for Australian jobs, so we are abolishing the
457 visa” - Malcolm Turnbull
April 2017 July 2017 18 March 2018
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Introduction of MLTSSL and STSOL
Over 200 occupations removed
Introduction of TSS visa MLTSSL and STSOL updated
Introduction of police clearance requirement
Changes to Employer Sponsored PR
Processing Update � As of end of February 2018, the Department had approximately 34,000 457 cases on hand
� Average 457 processing times for standard business sponsors as advised by the Department at a recent briefing SIRVA attended:
– Sponsorship: 102 days
– Nomination: 76 days
– Visa: 115 days
However, the University is an Accredited Sponsor and receives priorityHowever, the University is an Accredited Sponsor and receives priority
Processing (approximately 5 working days)
� A new processing team based in Parramatta, NSW will be tasked with assessing TSS visa applications
� Average ENS processing times as advised by the Department at a recent briefing SIRVA attended:
– Direct Entry: 10 – 15 months
– TRT: 8 – 9 monthsCONFIDENTIAL AND PROPRIETARY ©2018 SIRVA Worldwide, Inc.
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Introduction of the TSS Visa
The 457 visa has now been abolished and replaced with the
Temporary Skill Shortage (TSS) (Subclass 482) visa as of 18
March 2018.
Application process:
1. Sponsorship application
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1. Sponsorship application
2. Nomination application
3. Visa application
Introduction of the TSS Visa
The TSS visa program is comprised of a Short-Term stream of up to two years
and a Medium-Term stream of up to four years.
The Short-Term stream includes the following criteria:
� Renewal: Capacity for one visa renewal onshore only
� Genuine Temporary Entrant requirement
� For non-regional Australia, occupations on the STSOL apply
� For regional Australia, occupations on the STSOL apply, with additional occupations listed on the ROL available to support regional employerslisted on the ROL available to support regional employers
The Medium-Term stream includes the following criteria:
� Renewal: Capacity for unlimited visa renewal onshore and a permanent residence pathway after three years
� For non-regional Australia, occupations on the MLTSSL apply
� For regional Australia, occupations on the MLTSSL apply, with additional occupations listed on the ROL available to support regional employers
� This stream has a higher English language requirement than the Short Term stream
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Introduction of the TSS Visa
Eligibility criteria for both streams includes:
� Work experience: At least two years full time work experience in the nominated occupation (or a related field) in the last 5 years
Nominated position must be full-time� Nominated position must be full-time
� Evidence of labour market testing must be submitted at the time of nomination lodgement
� Revised framework for assessing market salary rates
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Introduction of the TSS Visa
Labour Market Testing (LMT)
� Required period for LMT: LMT must have been undertaken for 21 consecutive calendar days in the 12 months before lodging the nomination application for nominations lodged before 18 June 2018 (this period will be reduced to 6 months from 18 June 2018). This period is reduced to 4 months from 18 June 2018). This period is reduced to 4 months where any redundancies or retrenchments in the same or similar occupations have occurred
� Exemption: Exemption to LMT only available if it would be inconsistent with Australia’s international trade obligations
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Introduction of the TSS Visa
Required Evidence of LMT: Copy of advertisement(s) and
receipt(s) for any fees paid
Advertising will generally be considered sufficient if:
� The nominated position has been advertised in Australia
� The advertisement was in English and included:
– The title, or a description, of the position;
– The name of the sponsor or the name of the recruitment agency being used by the sponsor ; and – The name of the sponsor or the name of the recruitment agency being used by the sponsor ; and
– The annual earnings for the position (unless greater than the Fair Work HIT, currently $142,000)
� At least 2 advertisements were published on a national recruitment website, in national print media, on national radio or if the sponsor is accredited, on the website of the sponsor
� If the advertisement was published on a website, it 'remained live' for at least 21 consecutive calendar days. If the advertisement was published in print media or on radio, applications or expressions of interest for the advertised position were accepted for at least 21 consecutive calendar days
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Introduction of the TSS Visa
Transitional arrangements – Labour Market Testing
� The Department has advised they are taking a flexible approach when assessing LMT requirements, provided the sponsor has made genuine efforts to recruit Australian workers (until the legislation has been passed)
� During this transitional period (subject to the passing of the � During this transitional period (subject to the passing of the legislation), positions must have been advertised in Australia and in English. The Department will, however, take a flexible approach to other requirements including:
–Certain type of information included in the advertisement (eg. salary)
–The period an individual advertisement remained 'live'
–In terms of the number of advertisements that meet the specified criteria, where efforts to source local workers have been undertaken
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Introduction of the TSS Visa
Other points to note:
� Next STSOL and MLTSSL update to take place July 2018
� Inclusion of the nominated occupation on the eligible occupations lists is now a time of application requirement
� Health criteria have been amended and sponsors are no longer required to sign a Health Undertaking as part of the longer required to sign a Health Undertaking as part of the waiver process (where an applicant fails the health requirement)
� New visa condition 8607 applies to TSS visas (similar to condition 8107 which applies to 457 visas)
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Permanent Residence under the Employer Nomination Scheme
� Occupation list: Only the MLTSSL applies now, with additional
occupations available to support regional employers for the
Regional Sponsored Migration Scheme
� Residency: The eligibility period has been extended from 2 years
to 3 years – TRT stream
� Work experience: At least 3 years relevant work experience
� Age: All applicants (under both the Temporary Residence � Age: All applicants (under both the Temporary Residence
Transition Stream and Direct Entry Stream) must be under
the maximum age requirement of 45 at the time of
application (unless exempt)
� Grandfathering arrangements under the TRT stream apply for
those who were existing subclass 457 visa holders (or subclass
457 visa applicants) as at 18 April 2017
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Skilling Australians Fund Levy
This levy will replace the current training benchmarks for
employers sponsoring workers on TSS visas and
permanent Employer Nomination Scheme (Subclass 186) visas and
Regional Sponsored Migration Scheme (Subclass 187) visas.
Once implemented, organisations with turnover of $10 million or
more per year will be required to:more per year will be required to:
� Make an upfront payment at nomination stage of $1,800 per year for each employee applying for a Temporary Skill Shortage visa
� A one-off payment of $5,000 for each employee being sponsored for a permanent Employer Nomination Scheme (subclass 186) visa or Regional Sponsored Migration Scheme (subclass 187) visa
This cost cannot be passed onto the visa applicant
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Skilling Australians Fund Levy Lodgement fees are subject to a credit card surcharge and they may change without notice. The lodgement fees provided are current as of May 2018. These costs are approximate only and do not include SIRVA professional fees, taxes, 3rd party disbursements etc. Lodgement fees will be indexed annually in line with CPI
Visa Type Previous Government Fees Government Fees From March 2018
457/TSS Visa - 2 years DIBP nomination fee: $330
DIBP visa fee: $1080 (main applicant only)
Per secondary applicant 18 years or over:
$1080
Per secondary applicant under 18 years: $270
Approximate fees (single applicant):
$1410
SAF ($1800 x 2) = $3600
DIBP nomination fee: $330
DIBP visa fee: $1150 (main applicant only)
Per secondary applicant 18 years or over: $1150
Per secondary applicant under 18 years: $290
Approximate fees (single applicant): $5080
457/TSS Visa - 4 years DIBP nomination fee: $330
DIBP visa fee: $1080 (main applicant only)
Per secondary applicant 18 years or over:
$1080
SAF ($1800 x 4) = $7200
DIBP nomination fee: $330
DIBP visa fee: $2400 (main applicant only)
Per secondary applicant 18 years or over: $2400$1080
Per secondary applicant under 18 years: $270
Approximate fees (single applicant):
$1410
Per secondary applicant 18 years or over: $2400
Per secondary applicant under 18 years: $600
Approximate fees (single applicant): $9930
Subclass 186 Visa DIBP nomination fee: $540
DIBP visa fee: $3670 (main applicant only)
Per secondary applicant 18 years or over:
$1835
Per secondary applicant under 18 years: $920
Approximate fees (single applicant):
$4210
SAF = $5000
DIBP nomination fee: $540
DIBP visa fee: $3670 (main applicant only)
Per secondary applicant 18 years or over: $1835
Per secondary applicant under 18 years: $920
Approximate fees (single applicant): $9210
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Other Visas to Consider
� No company sponsorship required
� Short term, highly specialised work for up to 6 months
� Not appropriate for ongoing work
� Lower cost than TSS visa
� Processing time approximately 1 – 2 weeks
Must be offshore
� Requires sponsorship
� Sponsorship obligations apply
� For structured workplace based training for up to 2 years
� Lower cost than TSS visa
� Processing time approximately 4 months
Temporary Work (Short Stay Specialist) Subclass 400 visa
Training (Subclass 407) visa
� Must be offshore months
� No company sponsorship required
� Limited to certain passport holders under 31 at time of application
� Can work in any role for any one employer for up to 6 months
� Processing time approximately 1 – 2 weeks
� Lower cost than TSS visa
� Must be offshore
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Working Holiday (Subclass 417) visa Temporary Activity (Subclass
408) visa
� Requires sponsorship
� Sponsorship obligations apply
� Numerous streams including staff exchange
� Up to 2 years validity
� Lower cost than TSS visa
� No LMT
What does this mean for Griffith?
• Must now notify the Department of Home Affairs if a visa holder does not commence employment within the agreed timeframe (this is now part of the sponsorship obligations)
• Review current recruitment policies to reflect the changes:
• Full-time positions only (otherwise seek further advice on other visa options)
• Evidence of Labour Market Testing - at least 2 national advertisements for 21 consecutive days, one of which can be Griffith’s website (this is only available for Accredited sponsors)
• Processing times will be longer if there are health or character • Processing times will be longer if there are health or character issues
• A new TSS nomination and visa application will be needed for existing 457 visa holders sponsored by Griffith who wish to change occupation
• Take SAF into consideration and plan budget accordingly
https://www.griffith.edu.au/staff/human-resources/immigration-and-relocation
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