New TSS Labour Market Testing
Does your business sponsor visa holders? It’s important to understand how new TSS Labour Market Testing requirements to sponsor an overseas worker on a Temporary Skills Shortage (TSS) Subclass 482 Visa impact they way in which you will need to undertake advertising before engaging a visa holder.
New legislation governing the Labour Market Testing (LMT) and advertising requirements for sponsoring workers on a TSS Visa came into effect on Sunday. The below legislative changes now apply to nomination applications made on or after Sunday 12 August 2018.
New Labour Market Testing (LMT) Requirements for employers sponsoring visa holders on a TSS Visa:
Employers will need to ensure they prepare at least two advertisements that meet the following requirements:
– Advertising for the role to be undertaken within 4 months immediately prior to lodgement of the nomination application
– Advertising placed on one of the following channels: a.) A recruitment website with national reach in Australia; or b.) In print media with national reach in Australia; or c.) On radio with national reach in Australia.
– Advertisement for the role to run for 4 weeks and applications or expressions of interest to be accepted for at least 4 weeks from the time the advertisement was first published
– Advertisements which clearly state: a.) The position title or job description b.) The required skills and experience c.) Name of the sponsor or engaged recruitment agency d.) Salary for the position if the earnings are less than $96,400
Several restrictions apply for online advertising therefore we encourage you to seek professional advice to understand how your business can remain compliant with these requirements.
Alternative Labour Market Testing (LMT) Requirements
There are also a number of circumstances in which sponsoring employers can provide a submission showing their reasons for sponsoring a visa holder as an alternative to meeting the above LMT requirements.
These circumstances are:
– A position in a profession which requires an internationally recognised record of exceptional and outstanding achievement – this could be an exceptional position in sport, academia and research or a top-talent chef role
– A position for an intra-company transferee
– A position that is held by an existing Subclass 482 or 457 Visa holder where the nomination has been submitted only because the annual earnings have changed or there has been a change in business structure requiring a transfer to a new sponsoring employer
– A position for which the annual salary earnings will be equal to or greater than AUD $250,000
– A position under ANZSCO Minor Group 253 – Medical Practitioners (excluding General Medical Practitioner, Medical Practitioners nec and excluding ANZSCO Unit Group 4111 – Ambulance Officers and Paramedics).
According to the new legislation, if you are providing a the submission you must provide reasons why a suitably qualified and experienced Australian or eligible temporary visa holder is not readily available to fill the nominated position. This requires substantial levels of evidence and we recommend that you seek professional advice if you choose to prepare a submission for labour market testing purposes.
Support throughout the changes
Over the past year there have been significant changes to skilled visas, however the finalisation of the Skilling Australians Fund (SAF) and LMT requirements now offers employers greater certainty when planning for and managing their skilled migration requirements.
Immigracious will be conducting training sessions to assist employers and Human Resources teams to understand how they can remain compliant with LMT and sponsorship obligations. Compliance training is particularly important if your business is seeking to become approved for priority visa processing through Accredited Sponsorship, or to maintain your status as an Accredited Sponsor.
If you have any questions on how the changes impact you or your business, please do not hesitate to contact our registered migration agents on 08 6263 4406 or hello@immigracious.com.au
Source:
Immigracious
Migration Institute of Australia
Department of Home Affairs
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