The Temporary Skill Shortage (subclass 482) visa (TSS visa) is a temporary employer-sponsored visa that requires the sponsorship of a nominating employer.
The application process for the initial TSS visa involves three stages:
- Sponsorship – application by the business for standard business sponsorship status or negotiation of a labour agreement with the Australian government represented by the Department to sponsor overseas workers
- Nomination – nomination of the position to be filled by the applicant; and
- Visa application – TSS visa application for the applicant and accompanying family members.
Tip: Applications for business sponsorship, nomination and the subclass 482 visa can be lodged simultaneously.
Occupations eligible for the TSS visa are divided into three lists. For a nomination application to proceed, the nominated occupation must be eligible at the time the nomination application is lodged:
- The Short-Term Skilled Occupation List (STSOL). The STSOL comprises occupations which are in current short-term shortage. Unless an international trade agreement provides otherwise, visas granted for such occupations are valid for either 12 or 24 months, with the possibility of onshore renewal for a further 12 or 24 months. A third application for an STSOL occupation may only be lodged from outside Australia and will be subject to strict genuine temporary entry requirements. Where an international trade agreement applies, a 4-year visa is available despite the occupation appearing on the STSOL.
- The Medium to Long-Term Strategic Skills List (MLTSSL). The MLTSSL comprises occupations in high demand, with a high value to Australia’s economic development, and with a relatively long lead time for development of occupational skills within Australia. Occupations on the MLTSSL are eligible for a four-year TSS visa, with the possibility of indefinite renewals, and access to a transition pathway to permanent residency through the Employer Nomination Scheme.
- The Regional Occupation List (ROL). It restricts certain occupations to regional areas of Australia only. Occupations on the ROL are eligible for a 4-year TSS visa, with the possibility of indefinite renewals, and access to a transition pathway to permanent residency through the Regional Sponsored Migration Scheme.
As part of the sponsorship criteria, an employer must demonstrate that:
- that no adverse information is known about the business or a person associated with the business or it is reasonable to disregard any adverse information.
- must indicate the number of TSS visa applicants the company proposes to nominate during the period of approval as a sponsor.
- must not recover, transfer or otherwise take any action that would result in a person other than the sponsor paying for any of the costs relating to recruitment, the sponsorship or nomination applications, including migration agent fees associated with sponsorship, nomination and visa applications, unless the Minister considers it reasonable to disregard this requirement. The sponsor cannot contract out from this requirement, eg by way of an agreement with the visa applicant.
As part of the nomination criteria, an employer must demonstrate that:
- the nomination application must identify the applicant for a visa who will work in the nominated occupation.
- the nominated occupation appears on the relevant occupation list.
- the “annual market salary rate” provisions are met.
- the salary-related criteria are met and at no less than $53,900 per year.
- nomination is accompanied by the applicable nomination training contribution charge (known as the Skills Australians Fund (SAF) levy).
- the position associated with the nominated occupation is “genuine” and is a full-time position, unless it is reasonable for the Minister to disregard the requirement for the nomination position to be full-time.
- the individual will be engaged as an employee under a written contract of employment.
- it has conducted labour market testing to confirm that no suitably qualified and/or experienced Australian is available to fill the position.
Note: Caveats apply to some occupations on the STSOL, MLTSSL and ROL which restrict their use based on factors including, but not limited to, the following: nature of the role and/or business setting for the role; nominated salary; size and turnover of the employer.
As part of the visa application criteria, an employee must demonstrate that:
- if applying onshore, holds a substantive holds a substantive visa, or Bridging A (010) (BVA), Bridging B (020) (BVB) or Bridging C (030) (BVC) visa.
- if applying onshore, has substantially complied with the conditions that apply or applied to the last substantive visa held and to any subsequent Bridging visas.
- has a genuine intention to perform the occupation and the position associated with the nominated occupation is genuine.
- meets the English language requirement, unless exempt.
- has at least 2 years relevant work experience (or part-time equivalent) completed within the last 5 years. The work experience used to meet this criterion can overlap with the work experience used to demonstrate occupational skills. In assessing the 2-year work experience requirement, the Department has the discretion to consider relevant work experience in a closely related occupation and at the same skill level; and/or experience gained as part of postgraduate study, clinical placements, internships or apprenticeships.
- meets health, character and other Public Interest Criteria.
- has adequate health insurance.
- is of good character by providing a police record from each jurisdiction in which they have lived for 12 months or more in the 10 years prior to the application (since turning 16).
- has skills required to perform the occupation, skill assessment may be mandatory depending on the occupation/qualifications country of origin.
Highlights:
- You may be in or outside Australia to lodge a valid visa application unless, you are lodging your third visa application in the Short-term stream, then you must be offshore.
- Can work in Australia for your approved sponsored in your approved occupation.
- May bring any eligible dependant with you to Australia – dependants can work and study.
- Have no limit on the number of times you can travel in and out of Australia while there is valid.
- After three years on this visa certain applicants may be eligible to meet the requirements for permanent residency.
Disclaimer: Please note that the above is not an exhaustive list of requirements. This content is for general information purposes only, it is not immigration advice and must not be construed as such. While due care has been taken to ensure that the content is kept-up-to-date and correct, the currency and thus accuracy of the information cannot be guarantee due to the frequent changes in migration law.
* Caveats apply to some occupations on the STSOL, MLTSSL and ROL which restrict their use based on factors including, but not limited to, the following: nature of the role and/or business setting for the role; nominated salary; size and turnover of the employer.
**occupation needs to be based in a designated regional area.
Find out if you qualify for the TSS Visa.
BOOK AN APPOINTMENT at www.fernandesmigration.com.au/book-online
