Employer criteria

• Operates in STEM-related field (eg digital, biomedical, agtech).
• Demonstration that recruitment policy gives first preference to Australian workers.
• Labour market testing evidence for the specific positions as part of request for a GTS agreement.
• The employer must be in good standing with relevant regulatory agencies, including compliance with immigration and workplace laws.
• Independent startup advisory panel will assess and endorse the business as a viable and genuine startup.

Applicant and position criteria

• Must meet health, character and security requirements.
• No familial relationship with directors/shareholders.
• Qualifications must be commensurate with the highly skilled role.
• At least 3 years work experience directly relevant to position.
• Capacity to pass on skills/develop Australians.
• Minimum annual earnings at the market salary rate, but not less than $80,000. This can include equity, but must have a cash component that is no less than the Temporary Skilled Migration Income Threshold (currently $53,900).

Features

• Access up to 5 positions per year (applicant and position criteria must be satisfied on each occasion).
• Flexibility in certain visa criteria, including
  • access to 4 year TSS visas
  • age cap concessions.
• Transitional pathway to permanent residence after 3 years.
• Simpler applications and faster processing.
• If the position ceases (eg the start-up ceases trading) the visa holder will have 60 days to find a new sponsor and a new visa or depart Australia.

Important points and summary:

Any position filled through a GTS agreement must provide opportunities for Australians. These opportunities include the:

• creation of new jobs for Australians
• transfer of skills and knowledge to Australian workers.

The main features of the GTS are:

• 2 streams – established business (accredited sponsors) and startups (operating in a technology based or STEM (science, technology, engineering and mathematics) related field)
• the ability to negotiate variance from standard TSS visa requirements
• agreement processing is prioritised
• access to highly-skilled roles for trusted employers – not restricted to occupation lists
• visa validity of up to 4 years, and access to permanent residency pathway
• negotiable age requirements on permanent residence pathway

Labour Market Testing for the Global Talent Scheme

When requesting a GTS agreement, you must supply evidence of the Labour Market Testing (LMT) undertaken, along with each specific occupation sought under the GTS agreement. Throughout the 12 month pilot period (until 30 June 2019) no further LMT will need to be undertaken for these occupations. Evidence will not need to be provided at the nomination stage of the visa process in the pilot period.

For anyone seeking a deed of variation to a GTS agreement to add new occupations, evidence of LMT before these occupations can be added to the agreement.

Evidence of LMT

At least 2 attempts for each specific occupation to recruit qualified and experienced Australians through LMT is required before a pathway through the GTS can be taken. This can include 2 pieces from the same overall method, for example:

Where it is impossible to provide evidence of 2 attempts,for example due to a very limited global pool of suitable people and where the LMT methods listed below are not suitable, these circumstances can be explained in the GTS request form submitted to the Department.

LMT can be undertaken by a third party if authorised to do so by the employer (for example, an associated entity or a contracted party, such as a recruitment agency or executive search firm).

Where a position is an intra corporate transfer of an existing employee of a company to another branch or associated entity of that company operating in Australia, a formal letter of transfer or other documentation outlining the intra-corporate transfer arrangement can be submitted by the employer as evidence of LMT.

Under the GTS, there are not any prescribed requirements for the content or duration of advertisements. The Department will assess whether any advertisement genuinely tests the Australian labour market.

The following table is intended to assist you in ensuring the have undertaken appropriate LMT.