Legislation was released around a week ago on the new Temporary Skill Shortage (TSS) visa (subclass 482), ENS and RSMS changes. Here we are with more details as to the new regulations on the following:
- Nomination applications
- Annual Market Salary Rate (AMSR)
- ‘Adverse information’ and ‘associated with’
- Grounds for cancellation
- Approval as a Standard Business Sponsor (SBS)
- Sponsorship obligations
Read: Legislation released – TSS, ENS and RSMS Changes
Read: DOHA Updates March 2018 – TSS, ENS and RSMS Changes
TSS Nominations
It is now necessary to identify the following details in the nomination application:
- Short term or medium term stream or labour agreement stream
- Proposed period of stay for the visa – 1 or 2 years for the Short term stream, 1, 2, 3 or 4 years for the Medium term stream
- Location or locations at which the occupation is to be carried out
Annual Market Salary Rate (AMSR) for TSS, ENS and RSMS
It is necessary to prove that nominees will be paid at least the same that an Australian citizen or permanent resident earns, or would earn, for performing equivalent work on a full time basis in the same workplace in the same location, for a year. Annual Market Salary Rate is applied to the TTS 482 visa, the Employer Nomination Scheme (ENS) visa (subclass 186) and the Regional Sponsored Migration Scheme (RSMS) visa (subclass 187). Sponsors are obligated to pay not just the AMSR but also at least annual earnings.
- Annual earnings must equal or exceed the annual market rate
- ASMR, not including non monetary benefits, must exceed the Temporary Skilled Migration Income Threshold (TSMIT), which is currently set at AUD$53,900
- Annual earnings, not including non monetary benefits, must exceed the TSMIT
‘Adverse information’ for TSS, ENS and RSMS
Adverse information is assessed at every stage of the application – sponsorship approval, nomination and visa application. It refers to any information that may point to the sponsor or person associated with the sponsor being unsuitable as a sponsor. Adverse information is not only considered for the sponsor but also with who they are ‘associated with’. This can come in the form of:
- Having offended the law of the Commonwealth, State or Territory, or is under investigation, subject for doing so
- Having given bogus documents, false or misleading information or other information that has been made known to the department through other channels
- Has become insolvent
If such information surfaces, the DOHA will assess if it is reasonable to disregard the information of if the sponsor is determined to be unsuitable.
‘Associated with’
‘Associated with’ is a term that is relevant to ‘adverse information’. The Department of Home Affairs
Included but not limited to are:
- Are or were spouses or de facto partners
- Are or were members of the same immediate, blended or extended family
- Belong or belonged to the same social group, unincorporated association or other body of persons
- Have or had common friends or acquaintances
- Is or was a consultant, advisor, partner, representative on retainer, officer, employer or member of the other or any corporation of body in which the other is or was involved in
- Is or were related bodies corporate
- Is or was a person able to exercise influence of control over a person
More grounds for cancellation
- If the visa holder did not have, or no longer had, a genuine intention to perform the nominated occupation, or if the position is not genuine
- If the sponsor have given false or misleading information to the DOHA or Administrative Appeals Tribunal
- If the sponsor has failed to satisfy a sponsorship obligation
- If the sponsor has been cancelled or barred
- If the sponsor is party to a labour agreement and the labour agreement has been suspended or has otherwise ended
Approval of Standard Business Sponsors
Validity of sponsorship is now increased to 5 years. When a sponsor now renews their sponsorship, their new term starts on the day that their current sponsorship expires, as opposed to it coming into effect when the new sponsorship is approved. This is beneficial as they will not need to worry abut trying to apply for renewal close to their expiry date. This does not apply to overseas sponsors whose renewed sponsorship will come into effect from the day the subsequent sponsorship is approved.
More sponsorship obligations
These remain largely the same. Obligations do not apply if the visa holder are paid at least AUD$250,000. In addition:
- The sponsor must provide annual earnings not less than that which was indicated in the application and for which the nomination was approved
- The sponsor must provide earnings not less than an Australian citizen or permanent resident earns for equivalent work in the same workplace at the same location, and as such any increases that would have been provided to Australian workers performing equivalent work must also be provided to the visa holder
- The sponsor must provide employment conditions (not earnings) that are no less favourable to an Australian citizen or permanent resident for equivalent work done at the same location
- The sponsor must notify the DOHA if the nominee does not commence work at the agreed upon time
- The sponsor is obligated to ensure that the nominee works in the nominated position for which they were approved
Read: Sponsorship obligations
