In March 2018, the popular “457 visa” was replaced by the Temporary Skill Shortage visa (TSS visa). From then onwards, the government has endeavoured to encourage migrants to come and settle in regional Australia and stimulate economic activities.
However, for employers wanting to sponsor skilled workers through it, the process of sponsoring has become tough with difficulties due to the stringent requirements for this visa. Business owners dealing with the complexities of the employer-sponsored visa process should avail professional help with regards to the TSS visa. It’s also essential to understand the whole process so that the choice of sponsoring an employee on this visa becomes more feasible and less problematic.
Process of Hiring an Employee on Temporary Skill Shortage Visa
Sponsoring a person on this visa needs the lodgement of three different applications, which are:
- Standard Business Sponsorship Application
It is concerned with sponsoring employers, like the nature of business, its profitability, its authenticity, and the like. As this application is not very complicated, there are few chances for companies functioning in Australia to encounter any issues in having it approved. After approval, the status as a standard business sponsor is valid for five years. Employers can also become accredited sponsors, but it requires a turnover of $4 million for the previous two years and a visa approval in the past.
1. Nomination Application
After the employer gains approval, they can lodge a nomination application for a specific nominated profession that a skilled migrant worker will fill. This application is majorly about convincing the Department of Home Affairs that the enterprise requires a nominated occupation to be filled.
However, it is here when employers can encounter various issues. Many employer-sponsored TSS visa issues can only be solved by reaching out to an Australian immigration law firm. They can help you understand the requirements that should be met under TSS nomination regulations. It includes the proposed salary showing how much an equivalent Australian worker conducting similar work would get. You will also gain knowledge of what proof of labour market testing means. There is also a need to prove that the nominated occupation is authentic and ensure that it is genuinely eligible for nomination under the TSS scheme.
2. Visa Application
This application must convince the department that the employee has the appropriate skills to perform the nominated job. The applicant must have two years of experience in the position that they are selected for. The refusal of this visa can occur if the employee or someone in their family who is also migrating has serious character or health issues.
All these applications can take up a period of 2 to 6 months or maybe even more to process. But it mainly depends upon the time that the employer/employee takes to collect relevant information before the lodgement of the applications and the processing times of the department.
What If You Need to Fire Someone on a Temporary Skill Shortage Visa?
In the case of the visa holders’ employment being terminated by the sponsoring employer, its effect on the employee is harder than one who is a permanent resident of Australia. Suppose the employee who is fired is not able to arrange for visa arrangements to remain in Australia. In that case, they will be required to leave the country. It is a process that consists of much expense and dislocation. Thus, there is a need for employers to consider this fact before terminating the employee.