Following the Job and Skills September 2022, in coordination with representatives from unions, governments and employers, a large portion of the summit had addressed how Australia immigration can assist in easing severe skills shortages currently being faced across all sectors of Australia.
Amongst the announcements, the Minister has allocated investment of $36.1 million into visa processing and additional staff capacity to urgently address the backlog of visa applications has resulted in faster and much needed processing of visa application.
Changes to the immigration landscape are largely positive for employers seeking to address the current worker shortage, equating to positive news for certain individuals who now have access to a visa pathway towards permanent residency, previously unavailable to them.
The new priority processing under Ministerial Direction 100 – intends to prioritise applications with regard to healthcare, teaching and hospitality occupations, in addition to prioritising offshore temporary and permanent visa applications. This is particularly good news for those individuals seeking nomination under the Temporary Skill Shortage Program or TSS (Subclass 482) program, initially designed to respond to the labor market needs of the business.
Intended to boost economic productivity, prioritisation and more efficient processing of applications and ultimately enables employers to recruit, retain and have prospective employees onshore and working much faster.
Although the TSS program has remained largely the same, the TSS program has become more attractive for both the nominee and business. The Government has recognized that in order to fill the skills shortage gap, the country would need to attract and retain talents and skills workers in Australia – with enacting change to permanent employer visa applications being amongst the best methods to incentivise employees to remain in Australia.
Currently, employees can seek nomination under the TSS visa under the Short-term stream, Medium-term stream or Labour Agreement stream.
The Short-term stream relates to occupations stated on the Short-term Skilled Occupation List (STSOL), while the Medium-term stream relates to occupations stated on the Medium and Long-term Strategic Skills List (MLTSSL).
Labour agreements enable businesses to nominate workers in occupations specified under the terms of the Labour agreement, allowing access to lower skill level occupations and those not listed in the MLTSSL and STSOL.
Whilst the requirements for the Subclass 482 TSS visa in Australia have remained largely the same, not all Subclass 482 TSS visa holders have been able to access and later apply for a permanent employer visa. Namely, occupations listed on the STSOL were intended to include occupations which were not in high demand, enabling the visa holder to work and live in Australia for two years at a time, with the opportunity to extend a further 2 years. However, as stated, those who are nominated in occupations on this list could initially not apply for a Permanent Employer sponsored visa after 3 years (Subclass 186 Employer Nomination Scheme or ENS – Temporary Residence Stream visa).
Given the immediate skills shortage, the options for individuals coming from the Subclass 482 TSS – Short term stream have been expanded via means of transitional arrangements. As of the 1 July 2022, individuals who were in Australia between 1 February 2020 and 14 December 2021, for a minimum of at least 12 months cumulatively on any visa, and who are able to be nominated by their sponsors on a Subclass 186 ENS under the Temporary Transition Stream, can access permanent residency upon completion of three years of work with their employer. In certain circumstances this period may be reduced to two years and age requirement is waived.
After holding a Subclass 482 TSS visa for a period of 3 years and being employed with the same employer, individuals can now apply for a permanent employer visa, despite their occupation being on the Short-term list. Occupations listed on the STSOL include common occupations such as Cook, Café or Restaurant Manager, ICT Project Manager, Marketing Specialist or Enrolled Nurse amongst many others.
Employers are therefore able to retain workers in occupations on the STSOL via means of offering permanent residency to individuals.
Whilst there talks of combining both the MLTSSL and STSOL for faster and easier processing of visas to address current skills shortages, these talks are only in the pipeline however would be much welcomed within the industry.
Given the national shortage of skilled workers Australia wide, our experience has shown that employers are more receptive towards nominating skilled workers to fill positions. Now is a favorable time to approach your employers to put the discussion on the table and take advantage of this unique period in Australian immigration.
Further good news for individuals relates to likely changes soon with regard to the Temporary Skilled Migration Income Threshold, a major component of the TSS visa program – currently set at AUD53,900. The purpose of the anticipated change is to ensure visa holders have the adequate means to financially support themselves in Australia.
Overall, the impact of the Ministerial Direction 100 —is positive news for both employers and employees wishing to utilise the TSS program, with recent experience in terms of visa processing, particularly those offshore certainly being felt by those in the industry.
We specialise in Employer Sponsored visas and would be happy to assist with addressing any queries either you or your employer may have. We understand that businesses may occasionally be hesitant to undergo the sponsorship process based on either experience or hearsay, however we find communicating and opening up the discussion with the assistance of an experienced professional can alleviate any concerns either party may have, whilst ensuring a smooth overall process for all involved to secure a positive outcome. If you have any questions in relation to the current legislation applicable to the TSS visa program or are interested in pursuing permanent residency under an Employer Sponsored visa pathway, please do not hesitate to contact us at ross@crystalmigration.net or on (02) 9189 2988.