It is not long since Ajuria Lawyers’ last update on this subject, however we believe this information is worth repeating.
The TSS is designed to address genuine skill shortages for full-time positions.
However, there is now discretion to approve part-time positions for TSS visas. Policy outlines that this discretion is only to be used in “special and limited circumstances”, for example:
- “fractional” appointments of renowned academic staff to undertake discrete or project-based activities;
- non-executive directors and senior specialised managers to attend board meetings; and
- some medical practitioners, especially locum doctors in rural and regional areas.
Importantly, part-time provisions are also available to existing TSS visa holders who are temporarily reducing their hours to return to work part-time following a period of parental leave, sick leave or significant personal reasons. In such cases, the pro-rata hourly rate of the approved nominated salary must not decrease, and the role and duties must remain consistent with the approved nomination.
Part-time work is not appropriate where it occurs due to decline in business, change in business structure or the personal preference by the visa holder.
Obviously, part-time work must be mutually agreed upon by the sponsor and visa holder; written confirmation of the agreement must be maintained.
At the Employer Nomination stage, part-time work on a TSS visa can count towards the 3 year work requirement for a Subclass 186 permanent residence visa, however it has to be the equivalent of 3 years (ie potentially 6 years if 50% part time workload).
We encourage sponsors to discuss any specific circumstances with their advisor.
DISCLAIMER This information is current as ofand 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.