Part 1: TSS visa program.
Immigration agents are reminded that the Government is introducing the TSS visa in early March 2018 to ensure business can access the critical skills they need to grow, where no skilled Australia worker is available.
The TSS visa is part of the Government's reform agenda to strengthen the integrity and quality of Australia's temporary and permanent employer sponsored skilled migration programs. This is, however, an important opportunity to introduce a number of initiatives to help streamline processing of temporary skilled work visas and contribute to reduced processing times, particularly for lower risk applications.
A number of initiatives are planned in this space which will help the TSS visa support business to fill skill shortages. They include:
- a new standard five year sponsorship agreement period (including for start-ups)
- implementing auto-approval of complete streamlined lower-risk nomination applications lodged by accredited sponsors2
- a new streamlined 'renewal process' for existing sponsors – that is, a shorter application form to fill out and possible auto-approval of such sponsorship applications
- new online forms for the new TSS visa
- a complete review of correspondence to ensure that TSS correspondence templates are easier to use and understand.
There will be three options available under this new visa program:
Short-term stream – this is for employers to source genuine temporary overseas skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL)1 for a maximum of two years (or up to four years if an international trade obligation applies)
Medium-term stream – this is for employers to source highly skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL)*1 for up to four years, with eligibility to apply for permanent residence after three years
Labour Agreement stream – this is for employers to source overseas skilled workers in accordance with a labour agreement with the Commonwealth, on the basis of a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available, with the capacity to negotiate a permanent residence option.
At the time of lodging a TSS nomination application, employers will need to select an employment period of up to:
- 1 year or 2 years for the short-term stream (unless an international trade obligation applies); and
- 1 year, 2 years, 3 years or 4 years for the medium-term or labour agreements stream.
Further communications initiatives are being considered for February and March 2018 to help agents familiarise themselves with these new visa arrangements.
In the meantime, NguyenDoLawyers will introduce to you all the key new requirements and transitional arrangements between visa 457 and visa TSS.
Lan Phương
NguyenDoLawyers