In March 2018, the 457 Visa program was replaced by the Temporary Skills Shortage (TSS) 482 Visa with significant changes to the way in which Human Resource officers and Business Owners engage skilled employees from overseas. Interstaff hosted a business migration seminar to advise how businesses can adapt to the new visa program while continuing to secure employees with highly specialised skills and experience not easily found in the local labour market. The seminar addressed the challenges faced by employers in the resources, technology and agricultural industries among others, with insights on: Understanding how the migration program can offer alternative pathways for employees to obtain permanent residence more quickly and cost effectively than through the new TSS Visa Scheme. Attracting and retaining talent in an uncertain immigration world

1. Sheila Woods | Managing Director, Interstaff
MARN: 0533879
May 2018
Transitioning to the
TSS Visa Program (Subclass 482)
Strategies for HR and Business Owners

2. • Context and background
• Summary of Changes – Temporary Skills Shortage (TSS) Visa
• Concerns and risks for businesses
• Strategies for managing the changes
• Questions
Agenda

3. Fundamental changes in Australia’s approach
to migration
• Integrity measures across the migration program
• April 2017 - Announcement 457 visa program to be abolished
• Immediate changes applied to all 457 applications so that visa duration is linked to occupation:
• MLTSOL (Medium-Long Term Skilled Occupation List) – 4 year visa
• STSOL (Short-Term Skilled Occupation List) – 2 year visa
• July 2017
• Police certificate requirement for 457 introduced
• Age limit for PR applications lowered to 45 & English increased
• Publishing of sponsors that breach their obligations was expected in
November 2017 - now expected in mid 2018

4. • TSS is the “Subclass 482” visa, which has replaced the 457 visa program
• Standard Business Sponsorship renewal process to be automated
• Sponsorship Accreditation pathways are to be expanded
• LMT (Labour Market Testing) is mandatory with very limited exemptions
• Annual Market Salary Rate (AMSR) introduced – base salary concept removed
• Limit of two TSS STSOL visas allowed (457 visa time doesn’t count)
• Work experience – all applicants for the TSS must have 2 years post qualification experience
• Restrictions on occupations or job role changes – no longer possible with a nomination
approval only
• PR Transitional Arrangements for 457 visa holders apply until 2022
Changes | Fast forward to now

5. • The Skilling Australians Fund (SAF) legislation was passed by the Senate
on 8 May 2018, however the Department have not yet confirmed when the SAF
Levy will begin to be charged to businesses.
• The SAF legislation confirms that:
• The SAF will apply to all TSS (482 visa), ENS (186 visa) and RSMS
(187 visa) applications
• It must not be recovered from the visa applicant/s
• It will be tax deductible
• Refunds are available in certain circumstances
Changes | Skilling Australians Fund (SAF)

6. • Businesses who sponsor visa holders can apply for a refund of the
SAF Levy fee under the following circumstances:
• If the employer’s nomination is approved but the employee’s subsequent
visa application is refused based on health or character grounds
• If the visa holder does not commence work with the employer
• If a Subclass 482 Visa holder leaves their employer within the
first 12 months of employment where the agreed visa period was for
more than 12 months (the refund available in this case will be for the
unused full years of the levy)
Changes | Skilling Australians Fund (SAF)

7. • The Skilling Australians Fund (SAF) Levy amounts are:
• Small Business (Turnover: less than $10m)
➢ TSS (482 Visa): $1,200 per visa per year of visa
➢ ENS/RSMS (PR visas): $3,000 per application
• Medium to Large Business (Turnover: $10m or more)
➢ TSS (482 Visa): $1,800 per visa per year of visa
➢ ENS/RSMS (PR visas): $5,000 per application
Changes | Skilling Australians Fund (SAF)

8. • Several detailed changes create numerous issues for businesses to navigate
• Department intending to make things easier and clearer, but:
• LMT – What is required? How to address it?
• Sponsorship Obligations exposure – what is the risk and how can you manage it?
• Character requirements – conversations you may need to start with your employees
• Certainty for your employees - PR pathways with the contraction of the employer
sponsored PR program
Changes | Concerns and risks for businesses
• Interstaff can assist your business to manage
its sponsorship obligations and requirements

9. • Mandatory in all cases unless an International Trade Obligation (ITO) applies
• At least two advertisements must be made with an approved publishing medium* in the
4 months prior to the nomination application and over a 4 week period
• Advertisements must be in English and include:
➢ A description of the position
➢ Name of the sponsoring employer or recruitment agent
➢ The salary or salary range
➢ The skills and experience required for the position
*Publishing on a company website is not permitted unless the sponsor is accredited - social media advertising
is not acceptable
Labour Market Testing – TSS (482 Visa)

10. Labour Market Testing – TSS (482 Visa)
• On 8 May 2018, a new legislative requirement was added to require employer to ensure
advertisements:
“will be targeted in such a way that a significant proportion of suitably qualified and
experienced Australian citizens or Australian permanent residents would be likely to be
informed about the position”
• Terms such as 'significant proportion' and 'likely to be informed’
are yet to be clarified by the Department
• We expect employers will need to provide more substantial
evidence to satisfy this new requirement

11. • Where an International Trade Obligation (ITO) applies, LMT is not required for the TSS visa
• Australia has entered into 10 free trade agreements including with Singapore, Malaysia, New
Zealand and ASEAN countries
• Evidence must be provided, at the time of application to demonstrate a claim that an ITO applies
– this will vary depending on the agreement but may include:
• Nationality or residence status of the applicant;
• Whether the applicant is already employed by an associated entity of your business overseas
• Whether the applicant has already worked in Australia with your business
Labour Market Testing | ITO

12. • Develop a process for LMT performance and reporting
• Create a fact sheet or policy for your business that instructs relevant people (Managers/HR
teams) about the requirements to conduct LMT in relation to engaging international employees
• You know your business best:
➢ Thoroughly demonstrate and describe your attempts to recruit locally
➢ Explain why there is a genuine reliance on overseas employee/s
➢ Include claims for ITO obligations when applicable
Strategies | Managing Labour Market Testing

13. • SBS process being streamlined
• Sponsorship Accreditation eligibility to be broadened – investigate and apply if possible
➢ Visa processing for accredited sponsors is reduced to days instead of months. Interstaff can
assist with your Sponsorship Accreditation application.
• Notification for sponsorship events also being simplified – for example:
➢ Cessation of employment
➢ Change of directors
➢ Change of business structure
➢ Publishing the names of sponsors that breach their obligations
– expected in mid 2018
Sponsorship Obligations Exposure

14. • Arrange training for new employees (HR/other relevant individuals)
• Conduct an audit of your visa holders at least annually to verify:
• List of visa holder list is up to date – check for resignations
• Check sponsorship notifications have been made
• Check for job role changes and salary changes
• If not in place, write a TSS policy for your business to educate line
managers and others to remain compliant with obligations
• Make a list of notification events as an easy reference tool
Strategies | Sponsorship Obligations

15. • The “Character Test” is applied to Australian visas
• The test is complex and rigorously applied across all visa programs
• All TSS visa applicants must provide police certificates from every country in which
they have lived or worked for 12 months or more in the 10 years prior to applying
(This includes time accumulated over several visits)
• The Character Test is explained in our fact sheet here
Character and background checks

16. • Do you or should you ask your employees to provide criminal records checks?
➢ There is a difference between police checks for employment and those for migration
➢ Conviction must be declared on a visa application, including spent convictions
• Consider that this may create differences in the way that you manage employees
➢ Visa applicants would be subject to more scrutiny/different administration
• Start a conversation in your business about handling this such as:
➢ Whether you should advise applicants
➢ Whether you should ask for police certificates – what type?
➢ Whether you wait until it arises as an issue for an applicant?
How to manage character requirements?

17. • Employer sponsored pathways to permanent residence are significantly
restricted:
• STSOL TSS visa holders excluded
• MLTSOL TSS visa holders can apply for PR:
• After 3 years as a TSS visa holder or
• Under earlier under ‘Direct Entry’ provisions (a skills assessment
is required)
• If they are under 45 years of age (unless an exemption applies)
• 457 visa holders may be able to apply under “transitional arrangements”
Permanent Residence from a TSS Visa

18. • 457 visa holders may be able to apply under “transitional provisions” for PR
• Transitional provisions will apply to some 457 and TSS visa holders and will allow them to
apply for PR:
• After 2 years of employment
• If they are under 50 years of age (unless an exemption applies)
• Transitional provisions are open to:
• those who, on 18 April 2017, held a subclass 457 visa or had applied for a 457 visa that was
subsequently approved
• Application of transitional provisions is available until March 2022
Transitional provisions for employer-sponsored PR

19. • Discuss PR options with potential international employees early
• Employees that will reach 45 years of age during the TSS period should be prioritised
• General Skilled Migration program (189 and 190 visas), for those with formal
qualifications can be considered
➢ No SAF levy
➢ Less business administration for visa support
➢ Can be arranged in 1 year or 18 months if eligible
• View our fact sheet on permanent residence pathways here
Strategies | New PR Pathways

20. • HR teams now manage a greater budgetary and compliance risk
• Employees’ personal backgrounds not necessarily relevant to their
technical skills for employment may become relevant to their visa
application and your ability to employ them
• Employer sponsored PR pathways are restricted – seek other pathways
and options and discuss options early with new employees
• Many of the changes are complex - Interstaff can assist your business to:
• Remain compliant with sponsorship obligations such as the new
labour market testing requirements
• Understand the TSS visa and PR eligibility requirements for your
employees, including new English and character requirements
• Manage impacts of the changes on future projects
Summary

21. Questions?
Contact Sheila Woods
Managing Director and Registered Migration Agent | Interstaff
08 9221 3388 | Ground Floor, 20 Clive St West Perth
visas@interstaff.com
Connect with me on LinkedIn

22. Additional Resources
Interstaff | TSS Visa Tools
TSS Fact Sheet | Managing Impacts on Timing
TSS Fact Sheet | Mandatory Character Requirements
TSS Fact Sheet | Transitioning to the TSS Visa
TSS Fact Sheet | Employer-Sponsored Permanent Residence Visas
TSS Fact Sheet | Standard Business Sponsorship

23. About Interstaff
Established in 1988, Interstaff is an Australian owned and operated
business providing comprehensive migration advice to businesses and
skilled professionals.
Our head office is situated in Perth, Western Australia, however we
provide migration services to businesses and individuals Australia-wide
and internationally.
With over three decades of migration experience, we are able to advise
on complex matters, visa refusals/appeals and strategic migration for
corporate projects. Since 1988, we have managed the migration process
for major projects in Australia’s oil and gas sector with a consistently high
standard of quality and reliability.
Our migration agents are members of the Migration Institute of Australia
and operate according to a strict Code of Ethics. Find out about our
business migration services and get in touch.