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What's News in Immigration - 15 August 2018

15 August 2018

2 min read

#Immigration Law

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What's News in Immigration - 15 August 2018

Labour Market Testing for TSS Visas

On 12 August 2018 the requirements for labour market testing changed again. Unless exempt, employers in the last four months must:

  • place two advertisements for the position
  • advertise the position in English
  • include the following information in the advertisement:
    • the title, or a description, of the position
    • the skills or experience required for the position
    • the name of the employer, or the recruiter placing the adverts
    • the salary for the position if the annual earnings are lower than $96,000.

The advertisement must accept applications or expressions of interest for at least 28 days after the advertisement was first published. 

New labour market testing arrangements are in place for ‘select occupations’ and ‘select positions where the above requirements do not apply. These occupations/positions are those:

  • that require the applicant to have an internationally recognised record of exceptional and outstanding achievement in a profession or field, such as, sport, academia or research, or as a top-talent chef
  • that will be filled by a person who is:
    • employed by a company operating an established business overseas
    • nominated by a standard business sponsor who is an associated entity of that company, operating in Australia.
  • held by a TSS or Subclass 457 visa holder for which a new nomination has been lodged solely because:
    • the annual earnings that will apply to the nominee have changed
    • a change in business structure has resulted in the nominee’s employer lodging a new application to be approved as a standard business sponsor, or
  • for which the annual earnings of the occupant will be equal to or greater than AUD 250,000.00
  • nominated as a Medical Practitioners (excluding General Medical Practitioner and Medical Practitioners nec)
  • nominated as an Ambulance Officers or Paramedics.

Exemptions where there is an international trade agreement continue to apply. 

If you are advertising a position within your business and are willing to accept applications from overseas nationals, we recommend you follow the above guidelines. This will save time and money if you do need to sponsor an overseas worker. 

Author: Rebecca Macmillan

Contacts:

Brisbane
Rachel Drew, Partner 
T: +61 7 3135 0617 
E: rachel.drew@holdingredlich.com 

Cairns
Rebecca Macmillan, Registered Migration Agent
T: +61 7 4230 0412
E: rebecca.macmillan@holdingredlich.com

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

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