Subclass 482 (TSS Visa) Policy Updates
Written By Lauren Mennie
Thu, Feb 22, 2018
According to a recent release, The Department of Home Affairs (DHA), DHA is formerly the Department of Immigration and Border Protection, is in the final stages of preparing for implementation of the Temporary Skills Shortage (TSS) Visa in March 2018. The DHA has stated that 'the exact implementation date [has been] impacted by legislative and systems release processes and timeframes.'
The implementation date of the TSS Visa and subsequent repeal of the 457 visa will be confirmed by the DHA as soon as possible. We will continue to provide further updates as soon as possible when new information is released.
Outlined below are some of the more recent changes announced by the DHA to the new 482 (TSS) Visa programme, many of which are to be used as guidelines, and remain subject to final drafting of regulations.
Labour Market Testing (LMT) for the TSS Visa
From guidance issued by the DHA we understand that the LMT requirements for the new Subclass 482 TSS visa will seek to balance prioritising Australian workers and recognising industry practices. The DHA have indicated that changes which will be informed by the processes of comparable countries.
LMT testing will be mandatory unless international trade obligations apply. Where LMT is required, the Government has indicated that:
- multiple methods of LMT will be recognised, and could include national recruitment websites/job board and print and radio media, but are not expected to include general classifieds websites
- LMT will need to be undertaken for a minimum duration and to have occurred within a specified period before lodging the nomination
- the advertisement will need to be published in English
- current policy flexibility will continue in respect of nominations for an existing visa holder due to a change in business structure or the pay rate of the position, and for talent-based positions
Work Requirements for the TSS Visa
Applicants for the new Subclass 482 TSS visa will be required to have worked in their nominated occupation, or a related field, for at least 2 years. Work experience related caveats that apply at the nomination stage for the subclass 457 visa will not apply to TSS nominations.
The complete policy will be outlined by the DHA will be published on the implementation date. In the interim the following can be used as guidelines:
- Work experience will be considered flexible in the context of the nominated occupation and associated industry practices with that occupation
- The work experience should have been undertaken in the last 5 years, and needs to be calculated in terms of full time work
- Part time work experience may be considered
- Experience gained as part of the research components of postgraduate study, such as a Masters or PhD may be considered as work experience for relevant occupations such as; medical and research based occupations
- Experience gained through clinical placements and internships may be considered as work experience for medical practitioners, including Resident Medical Officers (RMOs)
- The internship component of the Professional Year Program may be considered as work experience for relevant occupations
- Performance experience gained while studying may be considered for applicants with a performing arts occupation.
Visa Stream and Period Determined by Nomination
Under the new TSS arrangements, the employer will select the following in the TSS visa nomination form:
- the nominated occupation - which will determine the stream of the related visa application
- an employment period - which will be a period of 1, 2, 3, or 4 years subject to the stream of the visa. The employment period will then determine the length of the visa that is granted to the nominated overseas worker.
Renewal and Repeat TSS Visas
In general, all applicants for a TSS visa (i.e. primary and secondary) can either be inside (onshore) or outside (offshore) Australia. If the application is for a Short-Term (ST) stream visa, however, the primary visa applicant must be offshore if all of the following apply:
- they have held more than one ST stream TSS visa
- they were in Australia when the application for their most recent TSS visa was made and
- this requirement would not be inconsistent with any international trade obligation (ITO).
Holders of two ST stream TSS visas in a row (where the second application was made in Australia) can apply for a further visa TSS ST stream visa offshore. They should, however, be aware that their immigration history may be relevant in terms of whether they are considered to have met the Genuine Temporary Entrant (GTE) requirement for this visa stream.
Changing Occupations as a TSS Visa Holder
Condition 8607 is a new visa condition. It is anticipated this condition will apply to all primary TSS visa holders. Subject to final drafting of the regulations, condition 8607 will require TSS visa holders who wish to change occupation to have a new nomination and a new visa granted before they start work in a new occupation.
More TSS Visa Implementation Updates from the Department of Home Affairs
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