Temporary Skills Shortage Visa (TSS Visa)

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pexels-photo-1308780-1024x892 Temporary Skills Shortage Visa (TSS Visa)

TSS 482 visa – Temporary Skill Shortage visa

The Temporary Skill Shortage (“TSS”) 482 visa requires the business and visa applicant to obtain approval for the following three types of applications (or just the nomination and visa applications if the business already has Standard business sponsorship approval):

  1. Standard business sponsorship application – prerequisite approval required before a business can sponsor 482 visa holders
  2. 482 nomination application – the sponsoring business is required to demonstrate its genuine need for the eligible nominated full-time occupation/role
  3. 482 visa application – the visa applicant needs to demonstrate that he or she satisfies the relevant visa requirements

Standard business sponsorship

A business must be firstly approved as a Standard business sponsor (“SBS”) before it can sponsor foreign national workers under the Temporary Skill Shortage Subclass 482 visa program. Once the business’ SBS is approved, this will be valid for a period of 5 years.

In an SBS application, the business must demonstrate that it meets the following requirements:

  1. The business is actively and lawfully operating in Australia
  2. The business needs to attest that it has a strong record or demonstrated commitment to employing local labour and non-discriminatory employment practices
  3. There must be nothing adverse known about the business or a person associated with the business. Adverse information includes the conviction, finding of non-compliance, administrative action, investigation, legal proceedings or insolvency.

482 nomination requirements

A business can sponsor eligible occupations under one of the following streams:

  • Medium-term stream (MLTSSL) – occupations on this list allow for the grant of 482 visas that are valid for up to 4 years. The business can also potentially sponsor the visa holder for permanent residency after three years of work as a 482 visa holder, under the 186 visa  or 187 visa Temporary residency transition stream. The 482 visa holder can also apply for new 482 visas in Australia if the nominated occupation is under the MLTSSL. In addition to occupations on the MLTSSL, if the nominated role is in an eligible postcode regional area, then the business can also sponsor occupations on the Regional Occupation List (ROL) under the Medium-term stream
  • Short-term stream (STSOL) – occupations on this list allow for the grant of 482 visas that are valid for up to 2 years (or up to 4 years under international trade obligations). Unfortunately, occupations on this list are not eligible under the 186 visa  or 187 visa Temporary residency transition stream. The 482 visa holder can also apply for a new 482 visa in Australia on one occasion if the nominated occupation is under the STSOL (i.e. 4 years maximum in total)
  • Labour Agreement stream – the business needs to have an approved Labour agreement, which requires the business to demonstrate that it cannot fill its labour needs through the Australian labour market, and also occupation/s which are currently eligible under the STSOL and MLTSSL. If approved, then the business can sponsor occupation/s which are not on the current STSOL and MLTSSL. The business may also be able to sponsor its 482 visa holders for permanent residency, depending on the business’ negotiations with the Department and the terms of the approved Labour agreement

The following common requirements need to be satisfied by all MLTSSL and STSOL stream 482 nomination applications:

  • Genuine business need for the nominated role
  • Labour market testing: The business needs to advertise the nominated role for a period of at least 4 weeks, during the last 4 month period before the lodgement of the nomination application.
  • Salary is equivalent to what is or would be paid to an Australian employee: The business needs to demonstrate that the visa applicant’s proposed salary is consistent with the Australian market rate’ for the nominated role.
  • Temporary Skilled Migration Income Threshold (TSMIT): In order for your nominated role to be sponsorable and eligible, your sponsoring employer needs to show that the ‘Australian market rate’ for your role is at least equal to

482 visa requirements

The following requirements need to be satisfied by the primary visa applicant:

  • Medium-term stream (MLTSSL) English: Minimum score of at least 5.0 in each test component, or equivalent 482 English scores
  • Short-term stream (STSOL) English: Overall average score of 5, with a minimum score of at least 4.5 in each band, or equivalent 482 English scores
  • Work experience: Two years of full-time work experience that relates to your nominated occupation. Generally speaking, you can only count relevant work experience after you completed your relevant education qualification / apprenticeship / trade or vocational education. Part-time or casual work experience can be counted on a pro-rata basis, so 12 months of part-time or casual experience should be equivalent to 6 months of full-time experience.
  • Holds (or is eligible for) any mandatory registration, licence or professional membership: If any mandatory registration, licence or professional membership is required to work in your nominated occupation, then you hold or are eligible for this mandatory registration, licence or professional membership. For example, you need to be registered (or be eligible for registration) with the Australian Health Practitioner Regulation Agency to work in Australia as a registered nurse, doctor and other health care professional occupations
  • Health and character: Primary visa applicant and all members of his or her family unit must satisfy the health and character requirements.
  • Age: there is no age limit for this visa.

Family members

You can include the following family members:

  • Spouse – If you are including your spouse, then generally, you just need to provide a copy of your marriage certificate.
  • De-facto partner – Generally speaking, you need to provide documents that demonstrate that you and your de-facto partner have been living together for at least 6 months prior to the date of lodgement of the visa application.
  • Children – You will need to provide full unabridged birth certificates that state the names of both biological parents. You can include your adult child who has turned 18, but has not turned 23.

HOW WE CAN HELP WITH YOUR CITIZENSHIP APPLICATION

Some of the main issues that can arise with a TSS application is in selecting the nominated occupation and demonstrating to the Department that the nomination is for a genuine position.

Our Immigration Lawyers can advise you on which occupation is most appropriate for your, and with meeting the visa criteria. Please contact us today for further information and advice.

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This page provides a summary of the TSS program as at May 2019. Australian immigration law is complex and it changes on a regular basis. We strongly recommend that you contact us to confirm the requirements for a TSS Visa and consult with one of our solicitors and Registered Migration Agents.

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