Navigating the upcoming TSS Visa immigration changes
Navigating around the upcoming TSS Visa immigration changes to sponsored overseas workers
The New Temporary Skill Shortage (TSS) Visa will replace the subclass 457 visa from March 2018.
The TSS visa will have two distinct streams:
- A Short-Term stream of up to two years for occupations on the Short-term Skilled Occupation
List (STSOL) and - A Medium-Term stream for occupations on the Medium and Long-term Strategic Skills List
(MLTSSL) for up to four years.
You must be sponsored by an approved business. A business can sponsor someone for this visa if it cannot find an Australian citizen or permanent resident to do the skilled work.
You can be in or outside Australia, when you lodge your application.
What eligibility criteria will underpin the TSS visa?
Both streams of the TSS visa will be underpinned by eligibility criteria including:
- Be listed on one of the two occupations lists;
- Onshore renewals under certain conditions;
- Minimum English language levels;
- The Annual Market Salary Rate (AMSR) to be introduced, with all calculations based on guaranteed earnings;
- Guaranteed earnings must not be less than the AMSR or Temporary Skilled Migration Income Threshold (TSMIT);
- At least two years’ relevant work experience;
- Mandatory labour market testing (with few exemptions and subject to the passing of the necessary legislation);
- Mandatory skills assessments for specific occupations;
- Mandatory criminal history checks;
- A requirement to pay a contribution to the Skilling Australians Fund; and
- A non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.
How much will the TSS visa Cost?
- Visa Application Charges TSS visa
– Short-Term stream - Primary Applicant – $1,150
Adult Dependent – $1,150
Child Dependent – $290
- Visa Application Charges TSS visa
– Medium/Long-Term stream - Primary Applicant – $2,400
Adult Dependent – $2,400
Child Dependent – $600
In addition, the organisation’s TSS sponsorship filing fee will be $420 and nomination filing fee $330. Employers nominating workers for the TSS visa from March 2018 will contribute to the training of Australians through a Skilling Australians Fund (SAF) levy.
The levy will be payable in full at the time the worker is nominated, and will depend on the size of the business:
(The training levy is also subject to the passing of the necessary legislation)
-Businesses with annual turnover of less than $10 million, are to pay $1200 per year or part thereof;
and
-Businesses with annual turnover of $10 million or more, are to pay $1800 per year or part thereof.
Looking at two scenarios –
A. a family of four, for a 4 year temporary work visa, in an occupation on the MLTSSL (T/over $10mil and over); and
B. a single applicant on a STSOL for 24 months (T/over under $10mil),
The fees and levies can quantify from $4,300.00 to over $13,000.00.