Australia: Temporary Skill Shortage (TSS) visa – Labor Market Testing requirements and exemptions
Changes have been introduced to the Labor Market Testing (LMT) requirements for the Temporary Skill Shortage (TSS) Subclass 482 visa. 
The key changes are:
- LMT must now be conducted within a four-month period prior to submission of a nomination application.
- Advertising must be posted for at least four weeks and across at least two national online, print or radio mediums.
- The salary of the nominated position must be included on the advertisement if the salary paid is less than AUS$ 96,400.
- Skills and work experience requirements for the nominated position must be included in the advertisement.
- Alternative evidence of LMT by way of submission, rather than evidence of advertising, is acceptable for selected positions that meet certain criteria, including:
- Annual earnings for the nominated position are at least AUS$ 250,000.
- Certain key medical occupations.
- Intra company transferees – now established in legislation.
- The nominee has an internationally recognized record of exceptional and outstanding achievement in a profession or field (for example: academia, research, sport, chef).
- Certain TSS and subclass 482 visa holders where a new nomination is lodged due to a change in business structure.
- Exemptions in place for International Trade Obligations continue to be available, and are that:
- The applicant nominated is a citizen/national of China, Japan or Thailand, or is a citizen/national/permanent resident of Chile, South Korea, New Zealand or Singapore.
- The applicant nominated is currently employed by a business that is an associated entity of the business in Australia, and is located in an Association of South-East Asian Nations (ASEAN) country.
- The applicant nominated is a current employee of an associated entity of the business in Australia who operates in a country that is a member of the World Trade Organisation (WTO). Their nominated occupation must be listed as an “Executive or Senior Manager” and the nominee will be responsible for the entire or a substantial part of the company’s operations in Australia.
- The business currently operates in a WTO-member country and is seeking to establish a business in Australia, where the nominated occupation is listed as an “Executive or Senior Manager.”
- The applicant nominated is a citizen of a WTO-member country and has worked in the nominated position in Australia on a full-time basis for the last two years.
Key considerations
The changes to the advertising requirements reflect the steps Australian authorities are taking to further protect their local labor market. This will inevitably lead to a more challenging immigration process for employers planning to obtain Subclass 482 visas.
This summary was prepared using information from the Department of Home Affairs.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debbie Beynon, Regional Immigration Manager, APAC.
Estonia: New immigration law implemented
The new law came into effect on July 15, 2018 and brings about changes to specialist occupations, short-term work and company penalties.
What are the changes?
- Top-level specialists now benefit from one-day processing times and exemption to the labor market testing. They are also excluded from the national work permit quota.
- The short-term work duration has increased from nine months to twelve months.
- Fines for companies violating immigration laws have increased from 3,200 Euros to 32,000 Euros. Penalties such as bans on bidding for government-sponsored work and economic activities have also been introduced.
Key considerations
The new law provides employers in Estonia with more options and a more streamlined process when hiring foreign nationals. However, the stricter penalties for law violations must be considered.
This summary was prepared using information from the Aliens Act, the Labour Inspectorate of Estonia Client Portal and Working Conditions of Posted Employees Act.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Michele Giordani, Regional Immigration Manager, EMEA.
Ireland: Re-entry visa appointments service to be suspended
Visa nationals residing in Ireland are required to obtain a re-entry visa if they intend to travel out of the country and return. This can only be applied for once the Irish Residence Permit registration or renewal process has been completed.
The online re-entry visa appointments service will be suspended indefinitely as of September 3, 2018. Individuals can apply for re-entry visas by hard copy registered mail only.
Key considerations
Emergency applications will still be accepted via the online appointment service.
To ensure visas are obtained in time, we advise individuals to submit standard postal applications up to five or six weeks prior to traveling.
This summary was prepared using information from the Irish Naturalization and Immigration Service.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Michele Giordani, Regional Immigration Manager, EMEA.
Singapore: Housing checks for Work Pass holders
From September 14, 2018, the Ministry of Manpower (MOM) in Singapore will check residential addresses when reviewing employment pass applications. 
MOM will only approve the request to issue an employment pass if the applicant’s address meets the relevant housing requirements.
Housing requirements
Foreign employees can live in various types of housing, including:
Housing and Development Board (HDB) flats: public housing flats managed by the HDB. These apartments may be rented as a whole unit or by room with the HDB’s approval.
Private residential premises (PRPs): properties such as condominiums, landed residential properties, terraced houses, semi-detached houses, bungalows, residential units in shop premises, etc.
Key considerations
The new housing checks require the following:
- HDB flats: the property owner must register the employees as tenants with the HDB before they occupy the property. Employees can use HDB’s eService to check if the property owner has registered them as tenants.
- PRPs: a declaration form must be downloaded and sent to the property owner to complete with the occupant’s information. Both the completed form and the property owner’s property tax statement must then be emailed to the MOM.
Employers and individuals should ensure the property they are occupying is registered as stated above, to avoid any delays or issues with their employment pass applications.
This summary was prepared using information from the Ministry of Manpower.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Mahadir Khan, Immigration Manage for Singapore or Debbie Beynon, Regional Immigration Manager, APAC.
