Australia establishes new labor market testing guidelines for TSS visa program, refund information for Skilling Australians Fund
  • In August, the Australian government established new labor market testing requirements for the Temporary Skill Shortage (Subclass 482) visa program. The changes touch on everything from when labor market testing should be conducted, to what information should be included in advertisements to what jobs will be exempt. While the testing requirements are more stringent in some ways, officials have also made more exemptions available, as outlined below.

    Key changes:

    • Labor market testing must be completed no longer than four months (down from six months) before a nomination application is lodged.
    • Advertisements must be posted for at least 28 days on a national recruitment website, a national news publication, or on the company website if the company is an accredited sponsor.
    • Advertisements must be in English.
    • Advertisements must include the job title, skills or experience required, name of the business or recruitment agency, and annual pay unless it is above AUD$96,400.

    Exemptions to labor market testing are available for (1) intra-corporate transferees, (2) employees earning at least AUD$250,000, (3) positions requiring internationally recognized skills in sport, academia or cuisine, (4) medical practitioners in ANZSCO Minor Group 253, except ANZSCO 253111 and 253999; and (5) ambulance officers/paramedics in ANZSCO Unit Group 4111.

    Analysis: Sponsors should be sure to update their labor market testing procedures to make sure they are in line with the new guidelines. Failure to do so may result in delays or having nominations rejected.

    In addition to the new labor market testing requirements for the TSS visa program, the government released information on circumstances in which a Skilling Australians Fund fee may be refunded.

    As a reminder, employers are required to pay levies to the Skilling Australians Fund to fund training and skills programs for Australian workers and employers must pay the levy in full at the time applications are lodged. The levies significantly increase the cost of nominating foreign workers in the Temporary Skill Shortage category, the Employer Nomination Scheme and the Regional Sponsored Migration Scheme. The Skilling Australians Fund fee schedule is available here.

    The government has added reasons that the levies may be refunded to the sponsor/employer on a discretionary basis, including cases where the sponsored worker does not arrive in Australia or does not begin work, cases where the nomination is approved but the visa application is rejected on health or character grounds, and cases where the visa is approved but the employee does not complete a full year of work for the sponsor. Refunds are not guaranteed, even if the circumstances above are met, and will be considered on a case-by-case basis. For details on when a refund may be awarded, click here.

    To stay abreast of further updates to Australian immigration policies, please subscribe to our newsletter.
    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen - Relocation Today  or Jennifer Fisher - BAL

    About Berry Appleman & Leiden LLP
    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seventeen offices across the U.S. and Globe. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

    Source: Berry Appleman & Leiden LLP
    Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.

    About Relocation Today: Relocation Today, Inc. has been joyfully developing and serving corporate clients global relocation needs, supporting recruiting efforts & managing summer intern housing programs since 1994.  For more information on services or relocation benefits policy review please contact: Richard Rudeen, Business Development Manager richardr@relocation-today.com 952.278.0530

Australia establishes new labor market testing guidelines for TSS visa program, refund information for Skilling Australians Fund
  • In August, the Australian government established new labor market testing requirements for the Temporary Skill Shortage (Subclass 482) visa program. The changes touch on everything from when labor market testing should be conducted, to what information should be included in advertisements to what jobs will be exempt. While the testing requirements are more stringent in some ways, officials have also made more exemptions available, as outlined below.

    Key changes:

    • Labor market testing must be completed no longer than four months (down from six months) before a nomination application is lodged.
    • Advertisements must be posted for at least 28 days on a national recruitment website, a national news publication, or on the company website if the company is an accredited sponsor.
    • Advertisements must be in English.
    • Advertisements must include the job title, skills or experience required, name of the business or recruitment agency, and annual pay unless it is above AUD$96,400.

    Exemptions to labor market testing are available for (1) intra-corporate transferees, (2) employees earning at least AUD$250,000, (3) positions requiring internationally recognized skills in sport, academia or cuisine, (4) medical practitioners in ANZSCO Minor Group 253, except ANZSCO 253111 and 253999; and (5) ambulance officers/paramedics in ANZSCO Unit Group 4111.

    Analysis: Sponsors should be sure to update their labor market testing procedures to make sure they are in line with the new guidelines. Failure to do so may result in delays or having nominations rejected.

    In addition to the new labor market testing requirements for the TSS visa program, the government released information on circumstances in which a Skilling Australians Fund fee may be refunded.

    As a reminder, employers are required to pay levies to the Skilling Australians Fund to fund training and skills programs for Australian workers and employers must pay the levy in full at the time applications are lodged. The levies significantly increase the cost of nominating foreign workers in the Temporary Skill Shortage category, the Employer Nomination Scheme and the Regional Sponsored Migration Scheme. The Skilling Australians Fund fee schedule is available here.

    The government has added reasons that the levies may be refunded to the sponsor/employer on a discretionary basis, including cases where the sponsored worker does not arrive in Australia or does not begin work, cases where the nomination is approved but the visa application is rejected on health or character grounds, and cases where the visa is approved but the employee does not complete a full year of work for the sponsor. Refunds are not guaranteed, even if the circumstances above are met, and will be considered on a case-by-case basis. For details on when a refund may be awarded, click here.

    To stay abreast of further updates to Australian immigration policies, please subscribe to our newsletter.
    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen - Relocation Today  or Jennifer Fisher - BAL

    About Berry Appleman & Leiden LLP
    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seventeen offices across the U.S. and Globe. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

    Source: Berry Appleman & Leiden LLP
    Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.

    About Relocation Today: Relocation Today, Inc. has been joyfully developing and serving corporate clients global relocation needs, supporting recruiting efforts & managing summer intern housing programs since 1994.  For more information on services or relocation benefits policy review please contact: Richard Rudeen, Business Development Manager richardr@relocation-today.com 952.278.0530