Ivan Hoe and Belinda Wright discuss the new Temporary Skill Shortage (TSS) visa.
The new Temporary Skill Shortage (TSS) visa program has taken effect from 18 March 2018. Changes to the employer sponsored permanent skilled migration program have also come into effect.
A further new visa scheme, the Global Talent Scheme (GTS), to attract highly skilled global talent to Australia, will also be piloted from 1 July 2018. We will publish our insights on this shortly.
The TSS visa is predicated on the need for employers to source foreign workers to fill genuine short-term positions for up to 2 years and also to address critical skills demand in medium-term occupations for up to 4 years.
Certain features of the now-defunct 457 visa have been preserved. However some key changes included in the new TSS visa framework are:
A prominent feature of the TSS visa regime will be the new Skilling Australians Fund (SAF) Training Levy, which is still subject to the passage of legislation. The training levy would replace the training benchmark expenditure requirements of the 457 visa program.
The changes to the employer sponsored permanent skilled migration program include:
With the introduction of the TSS visa framework, employers will need to carefully navigate the new LMT requirements, including the new policy specification on acceptable advertising to demonstrate that no suitably skilled / qualified Australians are available to fill the roles.
Once legislated, the new SAF training levy will need to be factored into the costs of nominating existing employees seeking to extend their stay in Australia with a TSS visa, or prospective employees applying for a TSS visa to enter Australia. Furthermore, administering the upfront payment of the SAF training levy will need to be duly considered as the levy must be paid at the time of nomination.