The Route to Securing an Australia TSS Visa
In 2017 Australia abolished the 457 visa which was introduced in 1996 to assist Australian employers to bring overseas skills into Australia. The reason given was a simple one. Australia wants to keep Australian jobs for Australian workers.
There will be a new Temporary Shortage Skills visa class or TSS VISAS employer-sponsored emigration routes. The problem is that these visas will more often than not NEVER lead to permanent residence and if you do go to Australia on the new temporary TSS Visa you will have to pay a contribution for your children's education, you will be limited in the property you can purchase and if you do buy a home there will be a 15% additional stamp duty to pay. This often means people will be forced to live in rented accommodation for the duration of the visa.
In short, Australia is doing everything possible to discourage employers from sponsoring overseas skilled workers and have removed many of the reasons a person would want to accept employers offer of sponsorship. We suggest you look at securing your own skilled visa and avoid the TSS visa.
Complete our assessment and discover your eligibility to secure another visa that may be a better option. Our experts are also on hand to help.
TSS Visas Explained
The length of visa – 2 years or 4 years – will depend on the occupation of work. The government charges for a single applicant will be:
- AUD $1,150 for the 2-year visa
- AUD $2,400 for the 4-year visa
Sponsoring Business Requirements
Market rates - to pay an Australian market salary rate:
- Remuneration at or above $53,900 plus superannuation; and
- Remuneration and other terms and conditions no less favourable than that offered to an equivalent Australian employee.
Labour Market Testing – explore local recruitment options in a non-discriminatory manner before sponsoring
Training - to contribute to a national skills training fund
- AUD $1,200 for businesses with turnover < AUD $10m
- AUD $1,800 for businesses with turnover >AUD $10m
Visa Applicant Requirements
Skills/Experience - appropriate skills/qualifications and at least two years’ work experience in their occupation
English - demonstrate language ability equivalent to a minimum IELTS 5 in each test component
Health and character - meet standard requirements (including police checks)
holders of 2-year visas - may have the option to apply for a second visa subject to a continuing offer of employment.
holders of 4-year visas - may have the option to apply for permanent residency after three years employment subject to support from their visa sponsor.
Employers Licence To Hire Overseas Skills
Establishing A training Fund
Before an employer is allowed to apply for a TSS visa to bring staff into Australia they must evidence that they have the necessary structure to not only support the overseas national but also that they are committed to training local residents to reduce their dependence on overseas skills. This requires them to commit 1% of their turnover to a training programme.
Equal Pay, Conditions & Contracts
An employer must be able to evidence the overseas worker will receive equal pay, comparable to fellow employees in the company and also in line with the local average salaries for that role. The company will need to evidence they have a safe working environment and the necessary insurances in place, in the case of an accident so the overseas employee does not become a burden on the public purse.
Aside from the cost of securing the licence, paying 1% of turnover to train local residents and other costs associated with meeting the needs of the Immigration rules. An employer will be liable to pay for an employees flight out of Australia if the role comes to an end for whatever reason. The cost of a flight home for UK national will be a big liability for any employer to carry. Especially, if they have not worked with the candidate previously. Which means in only a few weeks of the job starting the employer or employee decide it is not right to continue employment the employer is liable to pay for flights.
An ex-employee MUST leave Australia within 90 days of the job being terminated.
To add even further financial liabilities, if an employee decides NOT to leave Australia when the job ends the employer may be subject to a $50,000 cost. This is the cost associated with the immigration authorities find, detain and deport the ex-employee. These not insignificant numbers and as an employer, you need to be certain you are hiring the right candidate with the correct skills.
Labour Market Impact Assessment
To evidence the role cannot be filled by a local resident the role must be advertised in most cases. In addition to this, to confirm the overseas candidate has the skills required in the advert their skills must have been assessed by the Authorities to confirm they are suitable for the role. Without the correct skills assessment, licence, etc... overseas workers are not allowed to work in Australia as a sponsored employee.
Points To Note As An Employee
As the TSS Visas will be issued to the employer and the process is both expensive and carries exposure to risk it makes finding other work while in Australia often difficult. If your TSS visa is cancelled by your employer you will have only 90 days to leave Australia. Often UK families are forced to return to the UK as the job does not work out as expected, making the dream something of a nightmare!
While you are on a TSS visa you are classed as a temporary resident which means you will not have access to Medicare and will require medical insurance, you may have to make a contribution to your children's education, often this can be several thousand dollars per year. You may be required to pay an excess on stamp duty if you wish to purchase a home.
The dream of a 457 visa is not always what you would hope for. An employee must be certain they have selected the right employer as many employers will find ways to "Maximise" their investment in the visa and expect the overseas worker to do the jobs no one else is willing to do. As the employee is bound by the draconian terms of the sponsored visa they begin to feel exploited or are exploited. You can go to local employment tribunals if you wish to enter into conflict with your sponsor, however, as you will need to leave Australia within 90 days very little will be resolved before you must go.
We work with many employers across Australia, but we never recommend a sponsored visa for any client who can secure an independent skilled visa. There may be a small initial additional cost of visa and government fees but the savings on arrival in Australia far outweigh any upfront investment. Employers also prefer candidates who have solved the issue of securing a visa and are able to work freely in Australia. The holder of an independent skilled migrant visa is also free to change employers and not subject to suffocating restrictions, along with having access to education and Medicare from day one. If you are serious about living and working in Australia we suggest you invest a little in securing an independent skilled visa if you can, it may be the best investment you will ever make.
The TSS In Summary
With this visa you can:
- Enter live and work in Australia for up to a period of 4 years
- Include your family in the visa application
- Unrestricted permission to travel in and out of the country
- Prerequisites for applying for subclass TSS visa
You must be:
- Nominated to be employed in a listed profession
- Have necessary qualifications, training, experience and track record to suffice for the position
- Have minimum requisite English ability for the job offered
- Be qualified for any endorsements or registrations needed for listed trade
- Have required health cover
The Australian Prime Minister Announces TSS Visas
Name: Employer sponsorship
Description: These visas only lead to permanent residency for selected occupations and come with a number of draconian conditions which means we can not endorse them as a way to emigrate. If you are looking for employer sponsorship we urge you to think again.