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Applying for a TSS 482 visa... Make sure you know the Rules!


Do you completely understand all the visa conditions listed on your Temporary Skill Shortage (TSS) visa? No? Not to worry! This article has been prepared to ensure you understand the rules. It’s also important to mention, if you breach any of your visa conditions, your TSS visa may actually be cancelled and may affect future Australian visa applications such as permanent residence.

Health Insurance

As part of your visa grant, you will be financially responsible for any health debts you incur in Australia. You and any included dependent family members will therefore need to hold the appropriate level of health insurance to mitigate your financial risks. Are there any expectations to this rule? If you are eligible and have successfully applied for Medicare coverage, you won’t need to hold health insurance. However, it’s important to understand the pros and cons for obtaining private health insurance versus Medicare. Also, Medicare coverage is only available to nationals from Belgium, Finland, Italy, Malta, Netherlands, New Zealand, Norway, Ireland, Slovenia, Sweden and the United Kingdom.

To compare the benefits and for further information regarding the level of coverage needed for private health insurance & Medicare, please refer to the following weblinks:

https://immi.homeaffairs.gov.au/help-

https://www.servicesaustralia.gov.au/individuals/services/medicare/reciprocal-health-care-agreements/when-you-visit-australia

Nominated occupation work requirements

You are generally only allowed to work for your sponsoring employer or an associated entity in your approved nominated occupation. It is therefore important to review the occupation which is listed on your visa approval letter under the title "Position details - Nominated occupation". If your sponsoring company is looking to change your role or if you are going to be promoted, you will need to check with your Migration Agent/Lawyer to ensure it doesn't breach any rules. More importantly, the Migration Agent/Lawyer is able to check whether the change in role will affect your eligibility for Australian permanent residence at a later date. Where the change of duties is only temporary and will not exceed 60 consecutive days, the Department may allow the arrangement, however it's always advisable to check with your assigned Migration Agent/Lawyer.

Temporary layoffs available

If a TSS visa holder is temporarily laid off due to a downturn in the industry in which they are employed, they may be considered to have ceased employment and the visa holder may be in breach of their visa condition if:

  • The Department has not been advised accordingly; and
  • If more than 60 consecutive days has elapsed since layoff.

To avoid unintended consequences of premature cancellation due to a temporarily layoff due to seasonal downturn, your Migration Agent/Lawyer should be consulting with the Department to explain the circumstances of the case.

Is unpaid leave allowed?

TSS visa holders on unpaid leave (e.g. study or sabbatical leave; holiday leave without pay; sick leave without pay; maternity or paternity leave; parental/carer/personal leave) or not considered to be in breach of their visa condition solely on the basis of this unpaid leave. This is because the TSS visa holders may be considered to continue to be in the employment of the sponsor (although not working or receiving a salary). Under migration policy, this period should not, however, generally exceed 3 months unless:

  • The sponsor is obliged to provide the leave under Australian workplace laws (e.g. in connection with maternity leave); or
  • Exceptional circumstances apply (e.g. family illness). Your Migration Agent/Lawyer would need to consult with the relevant section at the Department to assess whether your particular circumstances would be accepted.

It’s also important to understand, if you are employed under a Company Specific or On-Hire Labour Agreement (LAs), you will need to review the specific terms which was agreed with the Department in relation to unpaid leave provisions, as LAs generally does not permit unpaid leave.

Are you allowed to work overseas?

In certain circumstances, a TSS visa applicant may be able to undertake work outside of Australia where it is considered in the usual course of their business and the applicant remains an employee of the Australian firm. For instance, in the resources and mining fields, it is common practice to have ‘fly in/fly out’ arrangements. However, if there are significant periods of employment spent overseas, the Department may have concerns that the position being nominated is not a genuine position as the applicant may not be primarily working in the nominated position. The immigration officer will have grounds to cancel the TSS visa if they are satisfied that the TSS visa holder:

  • Did not have a genuine intention to perform the occupation for which they were nominated
  • Has ceased to have a genuine intention to perform that occupation

What happens if you or your employer wants to end employment?

If you or your sponsoring employer wishes to terminate your employment, the Department of Immigration will give you 60 to 90 days (depending when your visa was approved) to:

  • Find another employer to take over the sponsorship (also known as a nomination transfer application)
  • Apply and be granted another visa (e.g. this could be a Visitor Visa to simply remain in Australia as a tourist)
  • Make appropriate arrangements to depart Australia.

Can I undertake a second job or volunteer work?

In general, the primary TSS visa holder is not allowed to undertake a second job, however there are certain occupations which are exempted from this rule such as General Medical Practitioners or CEOs/General Managers. In terms of voluntary unpaid work, this may be approved on a case-by-case basis. The work would usually need to be undertaken with a charity or not-to-profit based organisations.

Work related conditions:

On a final note, it's important to understand the following key deadlines:

  • If you are in Australia, you must commence work within 90 days of your visa being granted.
  • If you are overseas, you must commence work within 90 days from when you first arrive in Australia. There is no particular requirement for the visa holder to arrive in Australia within a specific time frame, other than before their visa expires. However, where the arrival of a visa holder is significantly delayed, they and their sponsor should be counselled in regard to the continued need for the TSS visa and whenever it is the appropriate visa for their circumstances.
  • You must not cease employment for more than 60 consecutive days.
  • If required, you must hold any important work-related licenses, registration and memberships.

……………………………………….

Written by Robert Lu

Robert is the Immigration Manager at Oz Migration Solutions. He has been working in the industry for the last 12 years, passionate about immigration and a believer in “Big Australia”.

MARN: 0848586



Creating a brighter tomorrow…


Due to the horrendous bush fires recently, there were a lot of destruction of the natural habitat and food sources of the Koalas. They lost their homes and their lives to these widespread bush fires and excessive tree cleaning.

In order to further protect Koalas, before they are gone forever and to address the issue of their national decline, our sister company, Pendragon has made a New Year Resolution to do what they can to address the situation and to save the koalas.

Pendragon has pledged to help and support local charities who are ethical, environmentally friendly and working hard to stop the destruction of endangered habitats, by planting a tree for every qualified lead they receive in 2020. 

As a team, we are glad to share that Pendragon have over 100 trees ready to be planted so far…

They will be doing more during the year and we will keep you updated! In the end, it’s up to everyone to ensure future generations get to see these iconic Aussie animals in the wild.

The Benefits of Work Place Diversity – The Positive Impact of Sponsoring Visa Holders!


Workplace diversity has become a key trend in employment over recent years. An inclusive and diverse team has increasingly becoming a major goal for many companies, overcoming the perception previously held by some that hiring employees of varying age, gender, ethnicity, race and cultural background, religious beliefs, family situation and sexual orientation, was simply a politically correct response to equal opportunity employment policies.

There are multiple benefits for any company to build a team that consists of individuals with different strengths and perspectives, such as increased problem solving and decision-making ability, higher levels of employee engagement and a good corporate reputation for the company as an employer of choice.

As a visa and migration company working with companies to become Standard Business Sponsors and subsequently sponsor Temporary Visa Holders, and also assisting with Employer Sponsored Permanent Residence Visa, we have experienced the positive impact that employees who originate from backgrounds outside of Australia can have within a workplace. We will outline just some of the reasons below:

  1. An employee who has trained and worked overseas will bring a different set of skills and perspectives to the team. The combination of the different approaches from collaborating employees can lead to increased productivity and more successful outcomes.
  2. Since cognitive skills and personal creativity have their base within in a person’s life experiences, workplace productivity and creativity is boosted when the life experiences of the team members are varied.
  3. Employees with a background of conducting business within a different culture or who are multilingual can assist with opening up new channels and markets to company wanting to expand into international markets
  4. Exposure to a colleague with international training and experience can be an excellent learning opportunity for Australian employees to gain insight and new ideas.
  5. Most employees who have been sponsored for a visa fully appreciate that the employer has taken the steps necessary for them to be part of the team, and their resulting loyalty and engagement will have a stabilising and positive effect on the team. 

While there are costs and obligations involved for a business with sponsoring an employee and it does involve additional administrative work, there are positive benefits and opportunities to be gained for your business. 

If you would like to know more about what is required, and how Oz Migration Solutions can make the process of sponsoring an employee for a visa easier for you, please contact us at info@ozmigration.net.au or give us a call at 02 9407 8788


Don’t wait until it’s too late for company nominated PR!


If you held or were applying for a Temporary Work Skilled Visa (Subclass 457) around the 18 April 2017, you would have remembered the major announcement from the Department in relation to the drastic changes to the visa program. Essentially, 216 occupations were removed from the occupations list, and the list was spilt into the following:

  • Short-term Skilled Occupation List (Short-term list). If your occupation is listed under the Short-term list, you would no longer be able to apply for PR under the Employer Nomination Scheme (ENS).
  • Medium & Long-term Strategic Skills List (Long-term list). Under the new rules, only applicants whose occupations were listed on the Long-term list are able to apply for PR.

To assist with the transitional arrangements, if your occupation was on the Short-term list, you are still able to apply for PR if you meet the grandfathering provisions:

  • You held or were applying for a Subclass 457 visa which was subsequently approved, on or before 18 April 2017.
  • The age requirement would remain less than 50 (instead of 45 under the new rules).
  • The minimum period an applicant is required to have been employed in their nominated occupation as the holder of the TSS/457 visa holder will remain at two years (instead of 3 years under the new rules).
  • And most importantly, you must apply before 18 March 2022!

To conclude, under the grandfathering provisions, it wouldn’t matter if your occupation was removed or is only listed on the Short-term list. Given these transitional arrangements are only in place until 18 March 2022, and the fact that you will need to have worked for your sponsoring employer for 2 years to qualify, it is extremely important to start reviewing your pathway to PR now, before it’s too late!

If you would like our team to undertake a free assessment to determine whether you qualify under the ENS, please do not hesitate to contact our team at rob.lu@ozmigration.net.au or give us a call at 02 9407 8788

................................................. 

Written By Robert Lu

Robert is the Immigration Manager at Oz Migration Solutions. He has been working in the industry for the last 12 years, passionate about immigration and a believer in "Big Australia". 

MARN: 0848586



1

Oz Migration Blogs

Applying for a TSS 482 visa... Make sure you know the Rules!


Do you completely understand all the visa conditions listed on your Temporary Skill Shortage (TSS) visa? No? Not to worry! This article has been prepared to ensure you understand the rules. It’s also important to mention, if you breach any of your visa conditions, your TSS visa may actually be cancelled and may affect future Australian visa applications such as permanent residence.

Health Insurance

As part of your visa grant, you will be financially responsible for any health debts you incur in Australia. You and any included dependent family members will therefore need to hold the appropriate level of health insurance to mitigate your financial risks. Are there any expectations to this rule? If you are eligible and have successfully applied for Medicare coverage, you won’t need to hold health insurance. However, it’s important to understand the pros and cons for obtaining private health insurance versus Medicare. Also, Medicare coverage is only available to nationals from Belgium, Finland, Italy, Malta, Netherlands, New Zealand, Norway, Ireland, Slovenia, Sweden and the United Kingdom.

To compare the benefits and for further information regarding the level of coverage needed for private health insurance & Medicare, please refer to the following weblinks:

https://immi.homeaffairs.gov.au/help-

https://www.servicesaustralia.gov.au/individuals/services/medicare/reciprocal-health-care-agreements/when-you-visit-australia

Nominated occupation work requirements

You are generally only allowed to work for your sponsoring employer or an associated entity in your approved nominated occupation. It is therefore important to review the occupation which is listed on your visa approval letter under the title "Position details - Nominated occupation". If your sponsoring company is looking to change your role or if you are going to be promoted, you will need to check with your Migration Agent/Lawyer to ensure it doesn't breach any rules. More importantly, the Migration Agent/Lawyer is able to check whether the change in role will affect your eligibility for Australian permanent residence at a later date. Where the change of duties is only temporary and will not exceed 60 consecutive days, the Department may allow the arrangement, however it's always advisable to check with your assigned Migration Agent/Lawyer.

Temporary layoffs available

If a TSS visa holder is temporarily laid off due to a downturn in the industry in which they are employed, they may be considered to have ceased employment and the visa holder may be in breach of their visa condition if:

  • The Department has not been advised accordingly; and
  • If more than 60 consecutive days has elapsed since layoff.

To avoid unintended consequences of premature cancellation due to a temporarily layoff due to seasonal downturn, your Migration Agent/Lawyer should be consulting with the Department to explain the circumstances of the case.

Is unpaid leave allowed?

TSS visa holders on unpaid leave (e.g. study or sabbatical leave; holiday leave without pay; sick leave without pay; maternity or paternity leave; parental/carer/personal leave) or not considered to be in breach of their visa condition solely on the basis of this unpaid leave. This is because the TSS visa holders may be considered to continue to be in the employment of the sponsor (although not working or receiving a salary). Under migration policy, this period should not, however, generally exceed 3 months unless:

  • The sponsor is obliged to provide the leave under Australian workplace laws (e.g. in connection with maternity leave); or
  • Exceptional circumstances apply (e.g. family illness). Your Migration Agent/Lawyer would need to consult with the relevant section at the Department to assess whether your particular circumstances would be accepted.

It’s also important to understand, if you are employed under a Company Specific or On-Hire Labour Agreement (LAs), you will need to review the specific terms which was agreed with the Department in relation to unpaid leave provisions, as LAs generally does not permit unpaid leave.

Are you allowed to work overseas?

In certain circumstances, a TSS visa applicant may be able to undertake work outside of Australia where it is considered in the usual course of their business and the applicant remains an employee of the Australian firm. For instance, in the resources and mining fields, it is common practice to have ‘fly in/fly out’ arrangements. However, if there are significant periods of employment spent overseas, the Department may have concerns that the position being nominated is not a genuine position as the applicant may not be primarily working in the nominated position. The immigration officer will have grounds to cancel the TSS visa if they are satisfied that the TSS visa holder:

  • Did not have a genuine intention to perform the occupation for which they were nominated
  • Has ceased to have a genuine intention to perform that occupation

What happens if you or your employer wants to end employment?

If you or your sponsoring employer wishes to terminate your employment, the Department of Immigration will give you 60 to 90 days (depending when your visa was approved) to:

  • Find another employer to take over the sponsorship (also known as a nomination transfer application)
  • Apply and be granted another visa (e.g. this could be a Visitor Visa to simply remain in Australia as a tourist)
  • Make appropriate arrangements to depart Australia.

Can I undertake a second job or volunteer work?

In general, the primary TSS visa holder is not allowed to undertake a second job, however there are certain occupations which are exempted from this rule such as General Medical Practitioners or CEOs/General Managers. In terms of voluntary unpaid work, this may be approved on a case-by-case basis. The work would usually need to be undertaken with a charity or not-to-profit based organisations.

Work related conditions:

On a final note, it's important to understand the following key deadlines:

  • If you are in Australia, you must commence work within 90 days of your visa being granted.
  • If you are overseas, you must commence work within 90 days from when you first arrive in Australia. There is no particular requirement for the visa holder to arrive in Australia within a specific time frame, other than before their visa expires. However, where the arrival of a visa holder is significantly delayed, they and their sponsor should be counselled in regard to the continued need for the TSS visa and whenever it is the appropriate visa for their circumstances.
  • You must not cease employment for more than 60 consecutive days.
  • If required, you must hold any important work-related licenses, registration and memberships.

……………………………………….

Written by Robert Lu

Robert is the Immigration Manager at Oz Migration Solutions. He has been working in the industry for the last 12 years, passionate about immigration and a believer in “Big Australia”.

MARN: 0848586



Creating a brighter tomorrow…


Due to the horrendous bush fires recently, there were a lot of destruction of the natural habitat and food sources of the Koalas. They lost their homes and their lives to these widespread bush fires and excessive tree cleaning.

In order to further protect Koalas, before they are gone forever and to address the issue of their national decline, our sister company, Pendragon has made a New Year Resolution to do what they can to address the situation and to save the koalas.

Pendragon has pledged to help and support local charities who are ethical, environmentally friendly and working hard to stop the destruction of endangered habitats, by planting a tree for every qualified lead they receive in 2020. 

As a team, we are glad to share that Pendragon have over 100 trees ready to be planted so far…

They will be doing more during the year and we will keep you updated! In the end, it’s up to everyone to ensure future generations get to see these iconic Aussie animals in the wild.

The Benefits of Work Place Diversity – The Positive Impact of Sponsoring Visa Holders!


Workplace diversity has become a key trend in employment over recent years. An inclusive and diverse team has increasingly becoming a major goal for many companies, overcoming the perception previously held by some that hiring employees of varying age, gender, ethnicity, race and cultural background, religious beliefs, family situation and sexual orientation, was simply a politically correct response to equal opportunity employment policies.

There are multiple benefits for any company to build a team that consists of individuals with different strengths and perspectives, such as increased problem solving and decision-making ability, higher levels of employee engagement and a good corporate reputation for the company as an employer of choice.

As a visa and migration company working with companies to become Standard Business Sponsors and subsequently sponsor Temporary Visa Holders, and also assisting with Employer Sponsored Permanent Residence Visa, we have experienced the positive impact that employees who originate from backgrounds outside of Australia can have within a workplace. We will outline just some of the reasons below:

  1. An employee who has trained and worked overseas will bring a different set of skills and perspectives to the team. The combination of the different approaches from collaborating employees can lead to increased productivity and more successful outcomes.
  2. Since cognitive skills and personal creativity have their base within in a person’s life experiences, workplace productivity and creativity is boosted when the life experiences of the team members are varied.
  3. Employees with a background of conducting business within a different culture or who are multilingual can assist with opening up new channels and markets to company wanting to expand into international markets
  4. Exposure to a colleague with international training and experience can be an excellent learning opportunity for Australian employees to gain insight and new ideas.
  5. Most employees who have been sponsored for a visa fully appreciate that the employer has taken the steps necessary for them to be part of the team, and their resulting loyalty and engagement will have a stabilising and positive effect on the team. 

While there are costs and obligations involved for a business with sponsoring an employee and it does involve additional administrative work, there are positive benefits and opportunities to be gained for your business. 

If you would like to know more about what is required, and how Oz Migration Solutions can make the process of sponsoring an employee for a visa easier for you, please contact us at info@ozmigration.net.au or give us a call at 02 9407 8788


Don’t wait until it’s too late for company nominated PR!


If you held or were applying for a Temporary Work Skilled Visa (Subclass 457) around the 18 April 2017, you would have remembered the major announcement from the Department in relation to the drastic changes to the visa program. Essentially, 216 occupations were removed from the occupations list, and the list was spilt into the following:

  • Short-term Skilled Occupation List (Short-term list). If your occupation is listed under the Short-term list, you would no longer be able to apply for PR under the Employer Nomination Scheme (ENS).
  • Medium & Long-term Strategic Skills List (Long-term list). Under the new rules, only applicants whose occupations were listed on the Long-term list are able to apply for PR.

To assist with the transitional arrangements, if your occupation was on the Short-term list, you are still able to apply for PR if you meet the grandfathering provisions:

  • You held or were applying for a Subclass 457 visa which was subsequently approved, on or before 18 April 2017.
  • The age requirement would remain less than 50 (instead of 45 under the new rules).
  • The minimum period an applicant is required to have been employed in their nominated occupation as the holder of the TSS/457 visa holder will remain at two years (instead of 3 years under the new rules).
  • And most importantly, you must apply before 18 March 2022!

To conclude, under the grandfathering provisions, it wouldn’t matter if your occupation was removed or is only listed on the Short-term list. Given these transitional arrangements are only in place until 18 March 2022, and the fact that you will need to have worked for your sponsoring employer for 2 years to qualify, it is extremely important to start reviewing your pathway to PR now, before it’s too late!

If you would like our team to undertake a free assessment to determine whether you qualify under the ENS, please do not hesitate to contact our team at rob.lu@ozmigration.net.au or give us a call at 02 9407 8788

................................................. 

Written By Robert Lu

Robert is the Immigration Manager at Oz Migration Solutions. He has been working in the industry for the last 12 years, passionate about immigration and a believer in "Big Australia". 

MARN: 0848586