Some good news to end the week: the Department of Home Affairs has announced that it will not be implementing a recently announced policy change requiring employment contracts for TSS applicants to have an end date.

The change of approach has come about as a direct result of concerns raised by employers and immigration lawyers about the impact of this requirement on sponsors.

In announcing the change of approach, the Department stated:

Ultimately, the intention (of the policy) was to avoid permanent or ongoing contracts being issued to nominees for what is ostensibly a temporary nominated position in the sponsor’s business. It was also intended to ensure sponsors genuinely test the labour market (where this is a requirement) prior to re-employing existing TSS visa holders who have previously been working in the nominated position.

As a result, sponsors now have the choice of either amending their employment contracts for TSS visa applicants to include an end date, or to leave them as they are.

Visa processing officers have been notified that applications should be assessed without an expectation for contracts to have an end date. However it is important for our clients understand that the Department’s view is very clear that the TSS is a temporary visa and that Labour Market Testing efforts are being carefully scrutinised to ensure that they are genuine and not just undertaken to meet visa requirements.

For further information please contact our office.

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