TSS Nomination and Application: Sponsorship, Visa, and Legal Aspects

This report analyzes the Temporary Skilled Shortage (TSS) visa process, focusing on the requirements for business sponsorship and visa applications. The report examines the interactions between Jared Smith, representing Wombat Migration, and Ohi Ahmed, the owner of Hoppy's Pty Ltd, along with Alain Da Silva, a prospective skilled worker. It outlines the steps necessary for a successful nomination, including advertising the job role, providing financial records, and demonstrating a genuine need for skilled labor. The report also covers the legal aspects of sponsorship, including compliance with the Fair Work Act and the importance of disclosing any adverse information about the business. Furthermore, it addresses visa application procedures, employment conditions, and the potential implications of job changes. The report also discusses the importance of a recommendation letter and English language proficiency for visa approval. It highlights the need for adherence to the 'Public Interest Criteria (PIC) 4020' and provides guidance on potential issues that may arise during the application process. Finally, it includes a bibliography of relevant books and articles on migration, citizenship, and labor law.

TSS Nomination and Application
Student’s Name
Professor’s Name
Institutional Affiliation
Corporation and Business Law
Standard Business Sponsorship TSS nomination and Application
Date

TSS Nomination and Application
Question 1 (300 words)
From: Jared Smith ([e-mail])
To: Ohi Ahmed (hoppymotors@service provider.com)
Date: 16 April 2020, 11:15 am
Subject: Re. TSS
Good Morning Ohi,
I have received your email enquiring on the advertisement needed, duration due and
other requirements necessary. It is important to note that for the successful nomination,
sponsorship and employment of Alain, a skilled foreign worker in your company, Hoppy’s
Pty Ltd, as the sponsor, will be required to demonstrate genuine current need for skilled labor,
subject to guidelines under the Temporary Skilled Shortage (TSS) visa program1.You will
therefore submit to the department of home affairs, a copy of your financial records, records
on your staff, their payroll expenses, details on your operations and a list of your clients. Once
the department is satisfied with your submission, you will be required to advertise the
nominated role for a period of at least one month prior to lodgment of the nomination
application.
In your email, you had mentioned that you have placed an advertisement on the need
for a skilled mechanic at your business premises. The Fair Work Act of 2009 further requires
you to circulate similar adverts on at least two other advertising platform2. Online and any
1 Alexander Aleinikoff, and Douglas Klusmeyer, eds. Citizenship today: global perspectives and practices. Brookings
Institution Press, 2010.
2 Breen Creighton, and Anthony Forsyth, eds. Rediscovering Collective Bargaining: Australia's Fair Work Act in
International Perspective. Routledge, 2012.

TSS Nomination and Application
other advertising avenues providing physical evidence of the advertisement will be suitable.
Maintain the advertisement draft and keep it safely. Kindly scan to me a copy of the advert
and any receipt of payment for any sponsored advertisement that you will make. After the 4
weeks have elapsed, we will lodge a nomination application in compliance to the Migration
act of 1958.
I hope I have addressed your concerns in the best way possible.
Best Regards,
Jared.

TSS Nomination and Application
Question 2 (300 words)
From: Jared Smith ([e-mail])
To: Ohi Ahmed (hoppymotors@service provider.com)
Date: 16 April 2020, 11:17am
Subject: Re. TSS
After the four advertising weeks have elapsed, we will lodge the nomination and visa
application simultaneously. The nomination applications will however take preference. As for
the Visa, we will lodge a Temporary Residence Transition Stream application for Alain. This
is despite the fact that he is not a holder of 457 and he has been in the country for only two
months with his visitor’s visa expiring soon. We will make our application pegging on the
fact that Alain has worked as a mechanic for the last 10 years3. We hope that this will increase
his application chances. On the other hand we will have your business approved as a Standard
business sponsor. The first step in this process is to show that your business is operating under
the country’s law. To prove the legality of your business operations, you will present your
business permits and valid business operating licenses. Documents from your motor
regulatory body if any, will also be attached. Your will also be required to show that your
business does not have adverse information recorded against it. Issues on accusation of
bribery, poor service delivery or collision with regulatory bodies can be damaging to our
course. It is therefore advisable to come clean on any matter that may disadvantage your
business sponsorship application. Successful business sponsorship application will enable
your business to have skilled foreign staff that will contribute greatly to the realization of your
3 Roslyn Cameron, and Jennifer L. Harrison. "Australian human resource practitioner views & use of temporary
skilled migration." (2010).

TSS Nomination and Application
business objectives, increase income and facilitate more profit for savings or reinvestment.
Unfortunately at the moment I cannot accurately give you a precise date of eligibility as it is
different for every applicant depending on their occupations and other preceding conditions.
We however hope for the best.
Best Regards,
Jared.

TSS Nomination and Application
Question 3 (200 words)
From: Jared Smith ([e-mail])
To: Ohi Ahmed (hoppymotors@service provider.com)
Date: 16 April 2020, 11:20 am
Subject: Re. TSS
Revealing the multiple assault cases of your ill-mannered employee towards your
clients and the subsequent steps that were taken, is of benefit to our case. Revelation of such
concealed details during the application process would have injured our case and would have
disadvantaged a successful application.
Migration personnel would have considered the omission of such information on
nomination and sponsorship application as providing misleading or false information .The
offense would be enough to refuse a successful Standard Business Sponsorship Application.
We will therefore have to attach documents from Fair rights, receipts on compensation,
reinstatement and appointment letter if available to support the case. If available, an affidavit
or recorded statement from the assaulted clients along any police reports on the incidents will
come in handy.
On his part, Alain will also be required to produce mandatory police reports as
dictated by the sponsored 482-visa (TSS visa) guidelines on Visa application. “Public Interest
Criteria (PIC) 4020”will play part in the process on fines, tickets or court cases if there are
any facing Alain .Disclosure of any other details that may favor or injury our visa application
is therefore advised at this stage4.
4 Migration Act 1958

TSS Nomination and Application
Best Regards,
Jared.
Question 7(200 words)
From: Jared Smith ([e-mail])
To: Ohi Ahmed (hoppymotors@service provider.com)

TSS Nomination and Application
Date: 16 April 2020, 11:21 am
Subject: Re. TSS
I wish to respond positively to your concern enquiring about issues that may arise in
the case that Alain was to alternatively work in both Hoppy’s Tyre and Mechanic and Ohi’s
cab servicing. Actually this is a common question we get from applicants and sponsors. On
any Visa grant letter, the Department of Immigration and Citizenship attaches condition 8107
that categorically outlines the employment conditions5. From the outlined employment
conditions, there would be no problem if Alain was to work alternatively in your business
outlets especially because the services that the outlets offer are similar and within Alain’s area
of expertise.
Challenges would however arise if you were to assign Alain duties or a working
position inconsistent with motor mechanic, an occupation hopefully will favor his visa
application. In light to the conditions in place, there would be no breach nor problem if you
were to engage Alain in both working premises6.
Best Regards,
Jared.
5 David Smith, Janice Wykes, Sanuki Jayarajah, and Taya Fabijanic. "Citizenship in Australia." Naturalization: A
Passport for the Better Integration of Immigrants? 2011 (2011): 313.
6 Graeme Hugo. Economic, social and civic contributions of first and second generation humanitarian entrants: final
report to Department of Immigration and Citizenship. Department of Immigration and Citizenship, 2011.

TSS Nomination and Application
Question 8 (300 words)
From: Jared Smith ([e-mail])
To: Ohi Ahmed (hoppymotors@service provider.com)

TSS Nomination and Application
Date: 16 April 2020, 11:23 am
Subject: Re. TSS
The TSS 482 visa allows one to work wherever they wish and applicants are at liberty
to apply for any position on condition that they find a suitable employer ready to sponsor
them. If Alain would wish to switch jobs, he would need to apply for a transfer, wait for
approval on the application before he can start working there. However as I had earlier
explained in my previous email, by switching jobs, and working for an employer that is not
his standard business sponsor or an associated entity of the sponsor, Alain would be breaching
the 8107 employment conditions. His actions would attract penalties and in extreme cases,
call for a revocation of his visa. In the event that something of the sort were to happen, you
could cancel your sponsorship to him and cease employment with them. You would however
be required to clear pending arrears with him if there were any prior to the unfortunate turn of
events7. An out of court settlement in the presence of your attorney and a migration officer
could be arranged to facilitate the refund from Alain to you of any costs that you could have
incurred towards the sponsorship. An arrangement could also be made for you to recover your
incurred sponsorship costs from his unpaid salary. We however hope that nothing of that sort
will happen.
I hope I have addressed most if not all of your concerns. Feel free to reach out to me
for assistance.
7 Chris Wright, and Andreea Constantin. "An analysis of employers’ use of temporary skilled visas in Australia."
Submission to the Senate Education and Employment References Committee Inquiry into the Impact of Australia’s
Temporary Work Visa Programs on the Australian Labour Market and on the Temporary Work Visa Holders (2015).

TSS Nomination and Application
Best Regards,
Jared.

TSS Nomination and Application
Question 4 (200 words)
From: Jared Smith ([e-mail])
To: Alain Da Silva ([e-mail])
Date: 16 April 2020, 11:25 am
Subject: Re. TSS
Thank you Alain for reaching out. Normally, Visa approval happens only after
successful nomination approval. The requirements stipulate that we lodge in the nomination
application first and upon approval we lodge in the visa application. To reduce the time gap
between the approvals of the two vital applications, it is advisable that we lodge the two
applications at the same time8. I am glad to learn that your current visitor’s visa does not have
a ‘no further stay’ condition9. By itself, this clause allows us to go on with our planned
applications. Prove of adherence to the conditions attached to your current visitors’ visa such
as no work under the visitor’s visa will favor subsequent nomination and visa approval. We
will work hand in hand to not only facilitate your successful nomination and visa application
approvals but to also ensure your settle well into the country and that your work experience is
put into good use. Together we will conquer.
Best Regards,
Jared.
8 Ozyurek, Sherene, and Rodger Fernandez. "Combatting fraud as a disincentive of an unintended economic
migrant: A comparative review of the direct Turkish model and the indirect Australian model." Border Crossing 6,
no. 1 (2016): 16-26.
9 Regulations, Commonwealth Consolidated. "Migration Regulations (Cth) 1994, Schedule 4, item 4020." Public
interest criteria and related provisions (2011).