Year end means staff review time for many businesses.

With the end of the year fast approaching, it is important to remind businesses who employ 457/TSS visa holders, that these employees have been approved to work only in their nominated occupations. While a promotion within the same occupational stream (and any associated salary increase) will generally comply with their 457/TSS visa conditions, a move into a different role must be carefully considered.

If deemed to be in a different occupation, it will be necessary for the business to lodge a new nomination application, with any required Labour Market Testing. If the employee is a TSS visa holder, a new TSS visa application will also be required to confirm that they meet the skill requirement for that occupation.

Please feel free to discuss any proposed role changes with your Ajuria adviser to ensure that your visa holders will continue to be compliant.

If you want to discuss PR options and find out about the Global Talent Program for those on salaries above the Fair Work High Income Threshold please contact us.

DISCLAIMER This information is current as of 20 November 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.

Have more specific questions about your visa? Get in touch with Ajuria Lawyers today.

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