TEMPORARY SKILL SHORTAGE (TSS) VISA

On 18 April 2017, the Government announced that the Temporary Work (Skilled) visa (subclass 457 visa) will be abolished and replaced with the completely new Temporary Skill Shortage (TSS) visa in March 2018.

The Temporary Skill Shortage (TSS) visa Subclass 482 commenced on 18 March 2018.

The TSS visa

The TSS visa is also commonly known as the 482 visa. This visa enables Australian employer to sponsor skilled workers to fill a genuine position where they cannot source appropriate skilled Australian to fulfil the role.

The 482 visa has three streams.


1.    TSS Visa Short-term stream (ST)

The Short-term (ST) stream can be granted for up to 2 years (unless international trade obligations apply).

Important facts about the TSS visa short-term stream:

  • Occupation is on the Short Term Skilled Occupation List (STSOL)
  • Applicants can be nominated for 1 year or 2 years unless an international trade obligation (ITO) applies
  • The application must satisfy the Genuine Temporary Entrant (GTE) requirements
  • English language requirement:
  1. Minimum IELTS average score of 5 (or the equivalent in other approved tests),
  2. With a minimum score of 4.5 in each test component
  • You can apply for the subclass 482 visa in or outside of Australia. However, you can only renew the TSS visa short-term stream once onshore. 

2.    TSS Visa Medium-Term stream

The 482 visa Medium-term stream can be granted for up to 4 years.

Important facts about the TSS visa Medium-Term stream:

  1. Minimum IELTS average score of 5 (or the equivalent in other approved tests),
  2. With a minimum score of 5 in each test component
  • Renewal: Capacity for visa renewal onshore and a permanent residence pathway after 3 years.

3.    TSS Visa Labour Agreement Stream

This stream is only available if the Australian employer who wishes to sponsor you has entered into a labour agreement with the department.

There are various labour agreements available, all of which consist of extensive requirements and processes. If you have an employer who wishes to sponsor you under this stream, our Immigration Lawyer can assess eligibility and go through specific requirements with you and your potential employer.


Eligibility Criteria for All TSS Visa Streams

  • Work experience: The applicant must have at least two years’ relevant work experience
  • Age: There is no age requirement for this visa
  • Labour market testing (LMT): LMT will be mandatory unless an international obligation applies
  • Minimum market salary rate: Employers must pay the Annual Market Salary Rate (AMSR) of the nominated occupation and must not be less than Temporary Skilled Migration Income Threshold (TSMIT)
  • Character: Mandatory penal clearance certificates to be provided
  • Workforce: A non – discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.

Onshore TSS Visa Restrictions

Important facts about ALL onshore applicants for the TSS visa:

  • Applicants must hold a substantive visa, Bridging visa A, B or C
  • Primary visa applicants will NOT be able to lodge a further ST stream visa in Australia unless an ITO applies if they:
  1. have already held two ST stream TSS visas, and the last one was applied for onshore.
  • Such applicants can apply for a further ST stream visa offshore
  • Note: if this is not your first TSS visa application, the department may assess your application more closely to see whether you are considered to have met the Genuine Temporary Entrant (GTE) requirement for this visa stream. This restriction does not apply to applicants in other streams.

TSS Visa Work Experience

Important facts about relevant work experience for the TSS visa:

  • Visa applicants will be required to have at least 2 years’ work experience in the nominated occupation or a related field
  1. Work experience should generally have been undertaken on a full-time basis in the last 5 years
  2. Part-time work can be considered where equivalent and the decision-maker is confident that the applicant’s skills remain current.
  • The new requirement does not replace any higher skill requirements as set out in ANZSCO.

TSS Visa Application Fee

Australian visa application fee can change from time to time. You can see up to date fee here.

The Subclass 482 Temporary Skill Shortage Visa regulations have been released and can be found HERE.

Find out more about Employer Nomination Scheme (ENS). 

Have a sponsor in a regional area? Read more about Regional Sponsored Migration Scheme (RSMS).


How Can We Help

We can assess your eligibility and help you understand the TSS visa requirements and processes involved.

You can book a consultation with our Immigration Lawyers and Migration Agents (formally known as Crux Migration). We will go through more specific requirements with you, tailoring your application according to your circumstances to ensure a smooth 482 visa application.

BOOK CONSULTATION


TSS Visa FAQ

Who can sponsor a skilled worker for an employer sponsored work visa in Australia?

 

If an Australian employer would like to sponsor a foreign skilled worker, the employer must become an approved Standard Business Sponsor. To become a Standard Business Sponsor, the business must:

  • Be lawfully operating in Australia – demonstrating that it is legally established and operating
  • Have no adverse information again the business
What is a Nomination?

 

Nomination is the process of identifying an occupation in an approved business that needs to be filled by a skilled worker.

The nomination process also determines:

  • Whether the occupation is relevant to the position that needs to be filled
  • Whether the applicant has the skills and experience needed for the position
  • The market salary rate for the position and what the applicant will be paid
  • The location in which the applicant will be working.
How many occupation lists are there for TSS visa?

 

In total there are 3 occupation lists that a sponsor can nominate an applicant from. These three occupation lists are the Medium and Long-term Strategic Skills List (MLTSSL), the Short-term Skilled Occupation List (STSOL) or the Regional Occupation List (ROL).

Can I use an existing 457 Standard Business Sponsor to apply for the TSS visa?

 

Yes, you can use an existing 457 Standard Business Sponsor to apply for the new TSS nomination and visa.

Will sponsors be required to comply with sponsorship obligations?

 

Yes, business who wishes to sponsor foreign skilled workers under the TSS visa will be subject to sponsorship obligations.

What is the sponsorship obligations?

 

Sponsorship obligations apply to all sponsors of TSS visa holders. The following sponsorship applies to Standard Business Sponsor:

  • Corporate with inspectors
  • Ensuring that the sponsor provides equivalent terms and conditions of employment
  • keep records (e.g. employment contract, tasks performed and non-monetary benefits)
  • The sponsor must ensure that the sponsored person participates only in the occupation for which they are nominated for and ensure that they work in their nominated occupation.
  • provide information to the department when certain events occur
  • ensure the primary sponsored person works or participates in the nominated occupation, program or activity
  • not recover, transfer or take actions that would result in another person paying certain costs
  • pay reasonable and necessary travel costs to enable sponsored person and their sponsored family members to leave Australia
  • In the event primary or secondary sponsored persons become an unlawful non-citizen you might be required to pay costs incurred by the Commonwealth to locate and/or remove the primary or secondary sponsored persons from Australia
  • Provide training to Australians and permanent residents
  • Not engage in discriminatory recruitment practices

 

For FULL sponsor obligations see HERE.

How much will the TSS visa cost?

 

The TSS sponsorship fee = AUD$420

The TSS nomination fee = AUD$330

Visa Application Charges (VACs) for the TSS visa are:

Visa Application Charges Primary Applicant Adult Dependent Child Dependent

 

TSS visa (Short-Term stream) $1,150 $1,150 $290

 

TSS visa (Medium-Term and Labour Agreement streams) $2,400 $2,400 $600

 

 

I am currently holding a 457 visa but I want to change my employer

 

If you are holding a 457 visa and still has sufficient period of time on the visa, your new employer will need to become an approved business sponsor and lodge a TSS nomination for you.

Note: you do not need to lodge a new TSS visa unless your 457 visa is expiring.

My 457 visa is expiring, what do I do!?

 

If your 457 visa is expiring and you are changing employer, you must ensure that you can apply for a TSS visa, with an occupation in the new occupation list and meeting its caveats. Your sponsoring business must also have a current sponsorship and they must make a new TSS nomination application.

If you are NOT changing employer and your position and occupation within the company will remain the same, you can apply under a new TSS nomination for a new TSS visa.