TSS visa (482)의 처리 순서 와 SAF(Skilling Australians Fund)에 대한 FAQ

Order of processing TSS visa applications (TSS비자 처리 순서)

Ministerial Direction No. 77 – Order for processing applications lodged under the Temporary Skill Shortage (TSS) visa (subclass 482) sets the order of priority for considering such applications – that is:

1. applications lodged by accredited sponsors (승인된 스폰서; 밑에 자격 참고)
2. applications lodged for positions that are located in a regional Australia (지방에 위치한 직업군)
3. applications lodged under the Labour Agreement stream (노동 계약LA 하에 신청된 신청서)
4. all other applications (최하위 우선순위로 1,2,3이 아닌 나머지 신청서; 그러나 전세계 평균처리기준에 근거하여 처리됨)

If your client’s application does not fall into categories 1-3 above, it will receive the least priority as per the ministerial direction. Such an application should, however, be processed within the timeframes advertised at Global visa and citizenship processing times.

Agents are reminded of the opportunity to seek accreditation where they consider that their clients qualify, to ensure that these clients receive a priority service. (기업주가 인가된/승인된 스폰서 자격이 있는지 고려를 해야 함)

Cessation of the priority processing service (우선처리서비스의 종료)

The current service of priority processing requests for TSS and Temporary Work (Skilled) visa (Subclass 457) visa applications will cease on 5 September 2018. That is, any priority processing email requests which are received on, or after, this date will no longer be acknowledged. This is because: (2018년 9월 5일 이후로 이 우선순위처리가 종료됨)

• the receipt of large volumes of requests continues to impact resources available to process visa applications
• the Subclass 457 visa pipeline is expected to be finalised by the end of the calendar year and the processing network are pro-actively prioritising the remaining caseload, including closely monitoring visa applications where the related nomination application is shortly to expire
• TSS processing times are much faster than for the Subclass 457 visa, with prioritisation arrangements already in place, as outlined above.

The TSS mailbox auto-response will be updated to reflect this. For priority processing requests already sent to the Department before this date:

• any applicant already advised that they will be accorded priority by the cut-off date will continue to receive priority for that specific application(s)
• any applicant pending a decision on the cut-off date will have that request declined and you will not receive written notification of this decision.

If your application is outside of these advertised timeframes, please refer to Compliments, complaints and suggestions to provide your feedback. Please do not send requests for priority to other contact channels (for example: program management mailboxes and/or individual officers), as they will not be responded to.

Other processing reminders

It is the responsibility of agents to ensure that their clients are aware of the:

• requirement to notify the department of any changes in circumstances, including those relating to newborns (both onshore and offshore)
  • concerns have been raised that some clients are not notifying the department of their newborns for almost one year after their birth – which is not acceptable (새로운 자녀 출산 등 자신의 상황이 바뀌면 이민성에 즉시 통보)
  • this is important, in particular, for large organisations with a large overseas workforce, where it is highly recommended that the Human Resources department of the sponsor sends such employees regular reminders about their immigration-related obligations as visa holders and / or visa applicants
• need to consider lodging a BVB application in advance as much as possible, otherwise a BVB may not be able to be issued in time for any urgent or unforeseen travel (BVB는 가능한 빨리 접수 그렇지 않으면 관련 비자 승인될 시간적 여유가 없을 수도 )
  • BVB processing times are included in the TSS mailbox auto-response which is updated regularly
• character requirements as per the recent update to the August 2018 Skilled Newsletter
  • in particular with regards to character calculations, certificates issued by private agencies and scans of penal clearances
• TSS mailbox auto-response information which is updated regularly
  • the auto-response provides information regarding what enquiries will be responded to, and the response times
  • this also provides the appropriate avenue for enquiries that will not receive a further response
  • agents are also reminded to refrain from sending multiple emails regarding the same case, or sending emails to multiple mailboxes, as this impacts on our ability to respond to the enquiries that require attention.

Automatic reminders now being sent to sponsors

As of 9 August 2018, automatic reminder messages are now being sent to: (2018년 8월 8일 이후로, 자동 reminder 메시지들이 스폰서에게 직접 보내짐

• standard business sponsors to encourage them to renew their standard business sponsorship (SBS) before its expiry date*; and
• visa holders to remind them, if their sponsor has notified the Department that they have ceased employment, that they have 60 or 90 days of their employment cessation date (depending on when their visa was granted), to find themselves another current business sponsor who will nominate them or depart Australia. (스폰서가 이민성에서 고용이 종료됨을 통보한다면 고용종료 날짜의 60일 또는 90일 남아 있음을 비자소지자에게 reminder 보내짐

*Note: Business sponsors who have already let their SBS expire will not be able to simply renew the expired sponsorship using the new shorter Sponsorship Renewal form in ImmiAccount. They will instead have to start all over again by completing a longer application form and having to provide all required documentary evidence again. (SBS 스폰서쉽 유효기간이 만기되도록 그냥 놔두면 처음부터 다시 시작해야 하고 모든 관련 서류를 제출해야 하기 때문에 간단히 renewal form을 통해 신청이 불가함에 유의)

What is the SAF levy? (SAF 기금이란)

The SAF levy is a levy payable by employers nominating overseas skilled workers for any of the following visas: (아래 비자를 신청하려는 외국인 노동자를 고용하려고 할 때 지불하는 일종이 분담금)

• Temporary Skill Shortage (TSS) (subclass 482)
• Employer Nomination Scheme (ENS) (subclass 186)
• Regional Sponsored Migration Scheme (RSMS) (subclass 187)

The levy funds the SAF, which is managed by the Department of Education and Training (DET). The purpose of the SAF levy is to require employers who sponsor temporary and permanent overseas skilled workers to contribute to the broader skills development of Australians.

The SAF levy amount is payable in full when lodging a nomination application. The amount depends on the size of the sponsoring business and the proposed period of stay of the overseas worker in Australia. SAF levy payments are tax deductible.

Information provided in the online nomination application form is used to calculate the required SAF levy amount payable.

Example: a business with an annual turnover of more than AU$10M per year which wishes to nominate a TSS worker for a period of four years, would be liable to pay a SAF levy of AUD7200 (4 years x AUD1800).

Note:

• The nomination application form only allows sponsors to select one of the radio-button selections, being one, two, three or four year nomination period. The SAF levy payment is calculated based on the selected option.
• The SAF levy is payable at the time of lodging any nomination application. This includes where a nomination application is being lodged to allow a TSS visa holder to change employer or occupation.

When will the SAF levy payments commence? (SAF 기금 시작)

The SAF levy will commence on 12 August 2018. The SAF levy only applies to TSS, ENS and RSMS nomination applications lodged on or after 12 August 2018. (2018년 8월 12일부터)

 Are there any exemptions to the SAF levy? (SAF 기금)

There are no exemptions for the SAF levy, except for religious workers nominated under the Labour Agreement streams of the TSS or ENS visas. All other sponsors who are party to a Labour Agreement must also pay the SAF levy. (TSS / ENS 비자의 Labor agreement stream 하에 종교 노동자제외하고는 예외 없이 지불해야 함)

 Can I ask my employee to pay the SAF levy? (피고용주가 지불하도록 할 수 있는가?)

No. Sponsors must not pass on the costs of the SAF levy to overseas skilled workers. (불가. 비용을 피고용주에게 비용을 전달할 수 없음)

 Can I request a refund of the SAF levy? (SAF 기금의 반환요청이 가능한가?)

Refunds of the SAF levy are only available in any of the following scenarios: (아래의 네가지 경우만 가능)

• The sponsorship and visa applications are approved, but the overseas skilled worker (visa holder) does not arrive/commence employment with the employer. (스폰서쉽 및 비자가 승인되었지만 외국인노동자가 호주에 도착하지 않았거나 또는 고용주와 일을 시작하지 않은 경우)

• The employer’s sponsorship and nomination application for the overseas skilled worker is approved, but the associated visa application is refused on health or character grounds.(외국인 노동자를 위한 고용주의 스폰서쉽 및 노미네이션이 승인되었지만 신체검사 또는 신원조회로 거절이 해당 비자신청이 된 경우)

• A TSS visa holder leaves the sponsoring employer within the first 12 months of employment where the visa period was for more than 12 months. Refunds will only be available in this scenario for unused full years of the SAF levy. Note:This does not apply to ENS or RSMS holders who leave their employer within the first 12 months of employment. (TSS 비자 소지자가 비자기간이 12개월 이상인 고용의 첫 12개월 안에 스폰서해준 고용주를 떠나는 경우)
• The nomination fee is refunded (for example where a concurrent sponsor application is refused). (같은 스폰서쉽이 거절된 경우)

 What about the training benchmarks? (트레이닝 벤치마크)

The training benchmarks will no longer apply from 12 August 2018. (더 이상 필요하지 않음)

For ENS and RSMS visas, the training benchmarks will only apply to nomination applications lodged before 12 August 2018. (2018년 8월 12일 이전에 접수한 것은 계속 유지가됨)

For TSS visas, the sponsorship obligation regarding the training benchmarks will only apply for the 12 month period ending on or before 12 August 2018. (TSS비자의 경우 2018년 8월 12일 또는 이전에 신청한 것은 12개월 동안만 적용됨)

Sponsorship accreditation (스폰서쉽 인증)

This page provides information regarding accreditation for standard business sponsors who sponsor overseas workers under the TSS visa.

Why apply for sponsorship accreditation

Sponsors who qualify for accredited status will receive priority processing of all TSS nomination and visa applications, with most applications processed in less than five days.(TSS 노미네이션 및 비자 신청을 위해서 우선 처리가 되고5일 안에 처리가됨)

Certain low risk TSS nomination applications lodged by sponsors granted accredited status after 1 July 2016 will receive streamlined processing.

How to apply for sponsorship accreditation (신청 방법)

You can apply for accredited status (using the same online forms) when you apply to become a standard business sponsor or when you renew your existing sponsorship. (기존 스폰서쉽을 연장할 때)

If you do not meet the characteristics for accredited status, your application for standard business sponsorship will still proceed and be assessed in the usual way.

Who can apply for accreditation (신청 자격)

To be approved for accredited status, you must meet standard sponsorship requirements, as well as the additional characteristics for one of the four categories listed below at the time of application: (기본 조건과 아래 추가적인 조건 하나를 만족할 경우)

*Additional evidentiary documentation must be provided against these characteristics

**The Department may approve accreditation for large partnerships in industries where this is a common business structure, and where the employer meets other criteria (for example, legal and medical practices). These will be assessed on a case-by-case basis where accreditation is requested by partnership and a submission is provided requesting special consideration.

***The Department may approve accreditation for start-up businesses who wish to apply for accreditation but do not meet these requirements where special circumstances apply (e.g. part of a government entrepreneurship program/award winner). These will be assessed on a case-by-case basis where accreditation is requested by a start-up business and a submission is provided requesting special consideration.

Can my accreditation be revoked (철회 가능성)

Yes. Your sponsorship accreditation status can be revoked if you no longer meet the required characteristics for accreditation. Where this occurs, you will no longer be eligible to access the benefits mentioned above. Your approval as a standard business sponsor will, however, remain in place until it expires.

Your sponsorship accreditation may also be revoked if:

• you have provided your employee (or their dependants) a reference confirming that they are of good character and have not been convicted of any criminal offences for the purposes of not undertaking any police clearances from countries other than Australia and
• your sponsored employee (or their dependants) are subsequently found to fail the character test.

More information in relation to the character reference is provided below.

Character references for TSS visa applicant(s) (타국의 신원조회 불필요)

Applicants who are sponsored by an accredited sponsor, are not required to obtain police certificates from countries other than Australia provided they attach a written reference from their accredited sponsor confirming that they are of good character and have not been convicted of any criminal offences. (대신 해당 외국인 노동자의 신원에 문제가 없음을 회사 추천서는 필요함)

The applicants must still, however, provide any required Australian police clearances where applicable or when requested to do so. (AFP 신원조회 필요할 수 있음)

The reference must be on company letterhead, and include the:

• names of the sponsor and the full name of the person signing the reference
• full name(s) and date(s) of birth of visa applicant(s).

The reference pro-forma below should be used for this purpose. (아래와 같은 회사 추천서가 필요함)

Accredited sponsor name:

Sponsored person(s):

<<list sponsored persons – full names and dates of birth>>

I, << Insert full name of referee >>, as a representative of << Insert full name of accredited sponsor >>, with the authority to act on behalf of the business, confirm that:

• I have read the information on the Department’s website at homeaffairs.gov.au/trav/visa/charand understand the character requirements for the grant of an Australian visa
• to the best of my knowledge, the visa applicant(s) listed above meet the character requirement for the grant of their visa(s)
• I acknowledge that the accredited status of << Insert full name of accredited sponsor >> may be revoked by the Department in the event that the visa applicant(s) listed above are subsequently found to not satisfy the character test on the basis of information that was available to me when making this declaration.

Signature:

Position:

Date:

Update: 2018년 9월 11일