TSS Visa What You Need To Know
From March 2018, the 457 visa for Australia will no longer be available for new applicants, ( current 457- holders will continue under amended rules). For many Australian employers and existing temporary migrants, this change will have consequences. We have spoken to many employers over the years who have complained that they have struggled to find qualified, experience good staff (hence their reasoning to sourcing overseas skilled workers). Employers who are considering recruiting overseas employees will need to be aware of the changes in the different types of visas and the tax implications that will apply.
Who is eligible for TSS?
For an employer to recruit an overseas skilled worker, the vacant position must appear on the Combined List of Eligible Skilled Occupations. Position description and the TSS visa applicant’s employment and education history must reflect the description provided by ANZSCO for the nominated occupation. If applicants do not come from one of the exempt countries (UK, USA, Canada, NZ or Ireland), they will also need to meet English language requirements.
Out of the current 651 occupations eligible for 457 visas, only 435 jobs categories will be suitable for Temporary Skilled Shortage (TSS) visa.
TSS will come in two categories:
- Short-Term Skilled Occupations List (STSOL) – This will lead to a two-year visa that can be extended only once and offers no pathway to permanent residency; and
- Medium and Long-Term Strategic Skills List (MLTSSL) – This will lead to a four-year visa which can lead to Australian permanent residency after three years.
How do I apply for TSS?
TSS ( like 457) will be a three-step application process.
- Standard Business Sponsorship (SBS) – To be able to employ overseas skilled workers on a TSS visa business must be approved as Standard Business Sponsor. For a Business to be eligible for SBS it must have an active ABN to apply under, registering the business name, supplying Business Activity Statements (BAS) and financial statements, as well as showing a commitment to training Australian citizens and permanent residents and compliance with workplace and other Australian laws.
- Nomination – is the next step. This is when the employer must nominate a position within their business as one which is to be filled by an overseas applicant. As part of this step, there are various requirements to be met: for example labour market testing, salary level and training levy.
- Visa application – Finally it’s the visa application, at which time the applicant must demonstrate that they meet the requisite skill level for their occupation, as well as health and character requirements.
The current 457 holders will have certain exemptions under the transition rules. If you currently hold a 457 visa or are thinking about lodging a 457 before the changes come into effect please speak to our team by calling +61 8 9221 4888 or email email@example.com