26 February 2020
Higher Duties on a TSS Visa
A primary sponsored person on a Temporary Skills Shortage (TSS) visa is granted approval to work in their nominated occupation for the duration of their stay.
If the opportunity or need arises for a sponsored person to perform higher duties on a temporary basis, this is possible under policy if:
- the sponsored person agrees to undertake the higher duties; and
- the appointment of the sponsored person at a higher level is for a period of two months or less; and
- records are kept regarding the temporary arrangement including duration of the higher duties and any additional salary paid.
Under policy, if the period of higher duties exceeds two months and is outside of the scope of their ANZSCO occupational classification, a new nomination must be lodged, and the sponsored visa holder is unable to commence the higher duties until the nomination is approved. Otherwise, a sponsored visa holder is able to accept an opportunity to undertake higher duties.
If you are unclear as to whether the higher duties fall within the occupational classification, please contact your Ajuria advisor.
DISCLAIMER This information is current as of 26 February 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.