Temporary Skills Shortage Visa

The Temporary Skill Shortage (TSS) Subclass 482 visa

The Temporary Skill Shortage (TSS) Subclass 482 visa program replaced Work (Skilled) Subclass 457 visa program in March 2018 and is a three-step process. The TSS visa is a temporary visa which permits the holder to live in Australia, while working full-time for the sponsoring business in a nominated position. Applicants for a TSS visa may include dependent family members.

The TSS visa has a short-term stream and a medium-term stream. Applicants with occupations on the Short-Term Skilled Occupation List (STSOL) are eligible for visas of up to two years (renewable once, for a further two years), whilst those on
the Medium and Long-Term Strategic Skills List (MLTSSL) can apply for up to four years, with eligibility for permanent residency after three years.

The TSS visa applicant must have the skills required to fulfill the role and a minimum of two years’ relevant work experience. Both the position description and the TSS visa applicant’s employment and education history must reflect the description provided by Australian New Zealand Standard Classification of Occupations (ANZSCO). If applicants are not from an exempt country (UK, USA, Canada, NZ or Ireland), they will also need to meet English language requirements at the time of application. Health and character criteria will also need to be met.

1. Standard Business Sponsor (SBS)

To obtain a Standard Business Sponsorship agreement, the business must demonstrate lawful and active operation in Australia. This includes:

• Identifying the correct ABN to apply under;
• Registering the business name;
• Supplying Business Activity Statements (BAS) and financial statements;
• The proposed period of stay of the overseas worker in Australia
• Demonstrable compliance with workplace and other Australian laws

2. Nomination

Following the SBS application, an employer must nominate a position within their business as one which must be filled by an overseas citizen.

For a successful nomination the following requirements must also be met:

• Labour Market Testing: Evidence that the business unsuccessfully advertised for the nominated position by, in most cases, two advertisements placed within the last 4 months for a minimum period of 28 days will be acceptable, (there may be instances when this will not be sufficient and alternative evidence is required and there are exemptions to this requirement in some instances).
• Salary Level: The salary for the nominated position must be above the Temporary Skilled Migration Income Threshold (TSMIT) which is currently $53,900 plus superannuation. The proposed salary must be within the market rate for the role, ensuring that the applicant will be paid in line with Australian employees in comparable roles (except those subject to caveats).
• Training Levy: Pay a levy into the Skilling Australians Fund (SAF). The levy payable for a small business (turnover less than $10M) is $1,200 per nomination per year. For a large business the levy $1,800 per nominee per year (make nominating employees a considerably more expensive undertaking for a business).

3.   Visa applicant

must be nominated to work in an occupation on the list of the short-term OR medium to long term skilled occupations list;

• have at least 2 years relevant experience in the nominated occupation or related field;
• may be required to undergo a skills assessment; have a minimum overall band IELTS score of 5 and achieved these result in the three years before submitting a valid visa application.
• The nominee must demonstrate that they meet the requisite skill level for their occupation, as well as meet health and character requirements.

There are three available streams:

1. Short-term stream

allows the visa holder to work in Australia for the sponsor for up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies, or up to 5 years if you are a Hong Kong passport holder (from 9 July 2020);

study (although you won’t receive government assistance); travel to and from Australia as many times as you want while the visa is valid.

• If you want to stay in Australia when your visa is due to expire you may be able to continue to work for you sponsor however your employer will need to submit a new nomination and you must apply for a new visa. Alternatively, your employer may be able to sponsor you for permanent residency through the Employer Nomination Scheme (Subclass 186) or Regional Sponsored Migration Scheme (subclass 187)
• You are able to include family members as secondary applicants however you can’t add family after you have submitted the application.
  You can be in or outside of Australia when applying for the visa.

2. Mid-term stream

allows the visa holder to work in Australia for the sponsor for up to 4 years or if you are a Hong Kong passport holder for up to 5 years (from 9 July 2020); study (although you won’t receive government assistance); travel to and from Australia as many times as you want while the visa is valid.

• If you want to stay in Australia when your visa is due to expire you may be able to continue to work for you sponsor however your employer will need to submit a new nomination and you must apply for a new visa.
  Alternatively, the employer may be able to sponsor you for permanent residency through the Employer Nomination Scheme (Subclass 186) or Regional Sponsored Migration Scheme (subclass 187). You might be also eligible for other skilled work visas.Current and future temporary skilled visa holders from Hong Kong will also have a pathway to permanent residency after 5 years.
• You are able to include family members as secondary applicants however you can’t add family after you have submitted the application. Your family can also live, study and work in Australia. You can be in or outside of Australia when applying for the visa.
  Conditions attached to this visa include that you work in Australia only in the occupation you were nominated for and only for your nominating business or in some circumstances, an associated entity of the business.

3. Labour Agreement Stream

is for skilled workers nominated by employers who have a Labour Agreement.

• Labour agreements are developed between the Australian Government (represented by the Department) and employers. It allows
  the visa holder to stay in Australia for up to 4 years, dependent on the terms of the labour agreement or if you are a Hong Kong passport holder for up to 5 years (from 9 July 2020); study (although you won’t receive government assistance); travel to and from Australia as many times as you want while the visa is valid.
• If you want to stay in Australia when your visa is due to expire you may be able to continue to work for you sponsor however your employer will need to submit a new nomination and you must apply for a new visa. Alternatively, the employer may be able to sponsor you for permanent residency through the Employer Nomination Scheme (Subclass 186)
• You are able to include family members as secondary applicants however you can’t add family after you have submitted the application. Your family can also live, study and work in Australia. You can be in or outside of Australia when applying for the visa. Conditions attached to this visa include that you work in Australia only in the occupation you were nominated for, and only for the nominator who has a labour agreement with the Commonwealth.