WIth the Pandemics, it has affected the application process of different visa types. The TSS visa holders are affected by a coronavirus. The most important part is to consult the migration agent for detailed information. In this guide, we have mentioned the effect on the Visa holders with TSS due to the COVID-19.
I am a TSS visa holder and what should I do if my working hours are reduced or stood down?
The Temporary Skill shortage visa holders who have been stood down need to maintain the visa validity and this will give the business the best opportunity to extend the visa as per normal conditions. The business might need to reduce the working hours without breaching the visa condition or the business being in breach under the normal employer obligations.
The ideal choice is to consult the migration consultant for detailed information. You can also discuss the COVID-19 visa as they are aware of it in detail.
TSS visa- working part-time for the employer
Both the TSS and 457 visas are designed so that employers can address the issue of labor shortage who can get it from Australia. If the working hours are reduced to part-time, the employer might not meet the sponsorship obligations as you will be earning less than the salary you have been nominated for.
In the policy, there is the obligation for the part-time work which is for sick leave, maternity leave, personal reasons, or work-based injury. The policy criteria will include the:
- The approved nominated salary and the pro-rata hourly rate of the sponsored person are not reduced.
- The sponsored person needs to perform the same role and duties with the position approved at the nomination
- Under a Labour Agreement, the nominee is not employed and it is restricted to full-time arrangements only
- The sponsor and sponsored person need to agree mutually. They need to have all the written documents to give proof of the agreement.
TSS visa and leave without pay
In many cases, the Australian employer provides employment conditions to access the leave without pay while continuing to work there. The TSS and 457 subclass are for the applicants who are not able to meet the demand for skill shortage in the Australian market. The LWOP is acceptable in the case of paternity and maternity leave. Generally, the LWOP will not exceed more than 3 months. The LWOP will be accepted when:
- The sponsor and the sponsored person are under a mutual agreement.
- For the leave, you need to give a formal application for leave without pay which the employer accepted formally.
If you have any doubts in your mind then talk to our migration agent and he will let you know in detail what changes you need to keep in mind.
