Temporary Skill Shortage (TSS) Visa is designed for the Australian businesses to fill up the labor shortage. Australian businesses can hire skilled employees from overseas when they are unable to hire the skilled worker from the local labor market in Australia. Importantly, there is no age requirement for the TSS Subclass 482 Visa, if you meet the health & character requirements, got skills and experience, you can be sponsored.
The immigration department had abolished the previous Subclass 457 Visa, which used to serve the same purpose for the employers, and now TSS Visa (Temporary Short Skill Visa) has come in effect from 18 March 2018.
From 19 April 2017, Skilled Occupation List (SOL) and Consolidated Skilled Occupation List (CSOL) were also replaced by Medium to Long Term Strategic List (MLTSSL) and Short-Term Occupation List (STSOL).
TSS visa has three streams:
Labour Agreement (LA) Stream
Short Term (ST) Stream
Medium Term (MT) Stream
In this stream, employee needs to be nominated for Subclass 482 under the labour agreement.
Applicant is also not required the certain level of English Proficiency as it is incorporated in the labour agreement.
This Visa can be granted for up to 4 years.
Employer is required to pay the Nomination Training Contribution Charges (NTCC) under the Skilling Australian Funds (SAF):
Under SAF, employer must pay $1200 per year for each applicant if the business turnover is less than $10 million.
Employer must contribute $1800 per year for each applicant. If the annual business turnover is over $10 million.
Labour agreement is divided into 5 streams and one of the popular streams is Designated Area Migration Agreement (DAMA):
This scheme was introduced to fill up the labour shortage issues facing the parts of Regional Australia. There are currently seven DAMAs in place to recruit overseas workers in the regional Australia. Where it is hard to find Australian local workers:
The Northern Territory Designated Area Migration Agreement
The Goldfields DAMA (WA)
Great South Coast DAMA(VIC)
South Australian DAMA
Far North Queensland DAMA
This stream is designed to fill up the short-term skill gaps and the visa application must be sponsored by the employer.
Applicants are subjects to STSOL and ROL.
Visa is granted for 2 years with a further 2 years option. Up to maximum stay of 4 year.
English Proficiency – overall 5 with at least 4.5 in each for IETLS or equivalent, test must not be more than 3 years old.
Two years of work experience required.
This stream is designed occupations, which government thinks are critically needed for long term.
Applicants are subjects MLTSSL, STSOL or ROL.
English Proficiency – overall 5.0 with at least 5.0 in each for IETLS or equivalent, test must not be more than 3 years old, which is slightly higher than short term stream.
In the medium-term stream TSS Visa can be granted for up to 4 years.
Permanent residency pathway is available for the applicant who worked on the TSS Visa Subclass 482 for 3 years under the medium-term stream.
Under the new TSS Visa scheme, which commenced on March 2018, TSMIT is set at $53900. It is set annually to protect the overseas worker in Australia. For the nomination for the TSS Visa 482, an employee must not be paid less than $53900 annually. This income must also be equal or above to the annual market salary rate.
Applicants from the specific countries need to have their skill assessed by TRA.
Skill assessment is mandatory for certain occupations and for the applicants from the specific countries. To check your eligibility for the skill assessment, you can contact us.
If you are seeking to apply subclass 482, it is a 3-stage process.
Step 1 – Standard business sponsorship (SBS)
The first stage is for the business to seek approval of Standard Business Sponsorship (SBS). Your employer must be an approved work sponsor under the Australian Migration Act.
Step 2 – Nomination for the employee
Second stage is where the business under labour agreement or SBS Status, nominate the applicant for the position. Sponsorship approval period is valid for up to 5 years.
The nomination musts be from an occupation on the MLTSSL, STSOL, or ROL with a 6-digit ANZSCO code.
Step 3 – 482 Visa Application
The final stage is where the application for TSS Visa 482 lodged by nominee. Visa can be lodge in or outside Australia. Subsequent further application for Visa 482 is also subject to ‘subsequent temporary application charges’ on top of the normal visa application charge.
One of the main visa conditions for TSS 482 visa is ‘condition 8607’.
If the sponsor business is from overseas, visa holder must work for the same position and for the same business.
If the sponsor business is an Australian business than visa holder must work for the same business or for an associated entity of the sponsor and for the same position.
Visa holder must work within 90 days upon arrival, or within 90 days after the visa is granted if the applicant is already in Australia.
Visa holder must not cease work for more than 90 consecutive days.
If visa holder requires a license or registration to perform the work, she/he must hold it either within 90 days of the visa grant or arrival to Australia, whichever applies.
Australian Immigration Law is complicated, and you should always seek migration advice from the registered migration agent. So, if you need any advice or want to know your eligibility for Temporary Skill Shortage (TSS) Visa, please contact us.