Employers must become a Standard Business Sponsor or have a labour agreement with the department, in order to sponsor overseas workers on a TSS Visa (Subclass 482). To become an approved sponsor, the business must be operating lawfully within Australia. Employers must also pass a non-discriminatory workforce test, to ensure they aren’t discriminating against Australian workers at the nomination stage.
An approved Business Sponsor can nominate a position within their business to be filled by an overseas skilled worker. There is strict criteria which must be met in order to receive a successful Nomination outcome.
Training Levy – The new Skilling Australians Fund (SAF) levy has been introduced with the TSS Visa. The SAF levy is payable in full at nomination stage and has made hiring overseas workers considerably more expensive.
The payable levy is determined by the turnover of the nominating business:
- Small Businesses (Turnover less than $10 million) will pay $1,200 per year, per nominated TSS Visa holder
- Other Businesses (Turnover more than $10 million) will pay $1,800 per year, per nominated TSS Visa holder
For example, a business with a turn over $10M nominates an applicant for a four year TSS Visa would pay $7,200 upfront at the nomination stage.
Employee Salary – TSS Visa holders must earn a minimum annual salary equal to or above the Temporary Skilled Migration Income Threshold (TSMIT) which is currently $53,900 plus Superannuation. The salary must also be within the market rate for that occupation.
Labour market testing (LMT) – The business must demonstrate that they have tested the labour market by advertising locally for the nominated position.