Temporary Skill Shortage Visa - TSS Visa

Posted February 20, 2018 in Latest News

Subclass 457 TRANSITIONAL ARRANGEMENTS

Understanding the transition from SC457 to Temporary Skill Shortage (TSS) visa

Employers who are already approved standard business sponsors for subclass 457 will be able to sponsor skilled overseas workers under the TSS visa program

Subject to final approval of transitional arrangements, it is expected that:

If SC457 nomination and visa applications are both lodged prior to TSS implementation, they will be processed under the current framework
If a SC457 nomination application is lodged without an associated 457 visa application being lodged before the commencement of TSS, it will, however, effectively become “redundant” as SC457 nominations cannot be linked to TSS visa applications, even where the nomination has already been approved.
Arrangements will be put in place to ensure that such redundant applications can be finalised and/or withdrawn with a refund of the fee provided.
To avoid delays or unnecessary additional processing steps, it is highly advisable to:
- Lodge complete SC457 nomination and visa applications together before end of February; or
- Postpone lodgement until commencement of TSS (need to be aware of additional requirement after February).

IMPORTANT NOTES

Secondary visa applicants (of 457 visa holders or pending 457 visa applications) will be able to lodge a subsequent dependant TSS application if they meet requirements, will be granted a TSS visa linked to their family’s SC457 visa/nomination. The validity period of the TSS visa will match the expiry of the SC457 primary visa holder
SC457 visa holders whose visa is not expiring but wish to change employer after the implementation of TSS (without changing occupation), can get their new employer to lodge a TSS nomination application to facilitate this as per current arrangements
SC457 visa holders who wish to change occupation or need a new visa (for example: longer validity) they will, however, need to lodge a new TSS visa application referencing to a new TSS nomination application

4. ELIGIBILITY CRITERIA FOR TSS VISA APPLICATIONS

Both streams of the TSS visa

Two occupation lists (STSOL & MLTSSL)
Minimum English language requirements
Market salary rates subject to TSMIT
At least two years relevant work experience
Mandatory LMT with occupation exemptions are no longer available
Mandatory criminal history checks
Requirement to pay a contribution to the Skilling Australian Fund (SAF)
Non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers

Short term stream criteria

This stream will use the STSOL
Available up to two years with only one onshore renewal option
GTE criteria applies to prevent de facto residence
English language requirement an IELTS or equivalent overall score of 5 with a minimum of 4.5 in each test component

Medium term stream criteria

This stream will use the MLTSSL
Available up to four years, no limitations on number of onshore applications
Available for ENS TRTS after three years
English requirement an IELTS 5 in each component (higher threshold than short term stream)

Visa application charges

SBS & Nomination fees remain the same (SBS $420 & Nomination $330).

Remider regarding transitional arrangements

The table below summaries the transitional arrangements that are expected to be in place:

How will pipeline application be processed after the implementation date of TSS?
standar business sponsorship (SBS) application lodged before the implementation date	will continue to be processed under the old rules subject to minor transitional arrange to the benefit of employer (Example: will move to new five year periods, and training benchmark will not apply to subject to the skilling)
Subclass 457 nomination application for existing subclass 457 visa holders lodge before the implementation date	will be processed under the "Old Rules"
Subclass 457 Nomination application for visa applicants lodged before the implementation date	if a relevant visa application was also lodged before implementation date-both nomination and visa application will be processed under 'old rules' if no related visa application was lodeged before the implementation date - the nomination application will be administratively finalised and the nominee fee refunded (without a written request for a refund)
Subclass 457 visa application for visa applicants lodged before the implementation date	will be processed under 'old rules' and if satisfied, a subclass 457 visa will be granteed

I have	I can
an existing SBS sponsirship	nominate overseas workers under the new TSS visa program, including existing subclass 457 visa holders for whom a new TSS nomination is required to facilitate a change of employer or occupation lodge a new renewal form prior to the expiry of my sponsorship as long as I am an Australian business
an approve subclass 457 nomination that has not ceased	not lodge a TSS application without lodging a new TSS nomination first request my approved nomination for a visa applicant be withdrawn and the fee refunded, if I was not able to lodge a related subclass 457 visa application before the implementation of the TSS visa (i.e. not available if nomination related to an existing subclass 457 visa holder)
a Subclass 457 visa in effect	as a new employer to lodge a TSS nomination application if I want to change jobs ask my current employer to lodge a TSS nomination applicantion to change my skilled occupation lodge a TSS subsequent entry visa application for member of my family unit where required lodge a new TSS visa application prior to the expiry of my subclass 457 visa Note: time on my subclass 457 visa will not 'count' in terms of the onshore renewal rules for the TSS visa.

Reminder

All the information in this is based on various announcement made by and fact sheets by the Department since 18 February 2017

No regulations or policy yet.

The TSS is expected to commence in March 2018, no definitive date yet.