As our clients are aware, the long-awaited TSS visa was introduced on 18 March 2018; after over 20 years of 457 visas, no new 457s will be granted after this date.
While it had been the Government’s intention for the new TSS visa to commence concurrently with the Skilling Australians Fund (SAF) levy, the new TSS regulations were released first, because of unexpected delays in the passage of the SAF legislation through both Houses of Parliament. As we have separately advised, the next opportunity for Parliament to debate the SAF legislation is not until at least May 2018.
There were no major surprises in the TSS visa regulations. However clients are universally unhappy with the new Labour Market Testing requirements (see separate article); the majority of our clients are already canvassing the local labour market as a matter of course, so their concern is not with the requirement per se, but with policy that dictates the way it should be done and the evidence that must be provided with each application. Ajuria Lawyers has provided this feedback to the policy section in Canberra, ahead of requirements being prescribed in law in the coming months.
On a positive note, Canberra appears to have listened to clients’ concerns about delays in processing due to police check requirements, and an alternative form of evidence has become available to Business Sponsors with Accredited status.
As we see more and more benefits of Accredited status, we await the new guidelines that have been promised, so that we can undertake a further review of eligibility of our clients.
Finally, there are many indications that we are now operating in an environment of heightened compliance activity, with the best indication of this being industry-wide application refusal rates at an unprecedented level.
Ajuria Lawyers continues to advocate vigorously for positive change and we encourage our clients to provide feedback about the changes and become involved.
DISCLAIMER This information is current as at 2 May 2018 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.
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