The TSS Visa is designed to assist businesses that are facing difficulties finding skilled labour
by Peter Michalopoulos at Ethos Migration
The subclass 457 visa has now been abolished, however it has been replaced by the Temporary Skills Shortage (TSS) (subclass 482) visa.
Similar to the Subclass 457, the Temporary Skill Shortage (TSS) (subclass 482) visa programme enables business sponsors to nominate international employees for a period of up to four years depending on the occupation that is being sponsored.
If the occupation is on the Medium and Long-Term Strategic Skills List (MLTSSL) the TSS visa can be granted for up to four years with the ability for visa renewal onshore for a further four years. Further, if the occupation is on the MLTSSL, a permanent residency pathway is available after three years of employment in the nominated occupation and with the same employer.
If the occupation is on the Short-Term Skilled Occupation List (STSOL), the TSS visa can be granted for up to two years with the possibility for a visa renewal onshore for a further two years.
The TSS Visa is designed to assist businesses that are facing difficulties finding appropriate skilled labour in their industry.
The three streams of the Temporary Skills Shortage (TSS) (subclass 482) Visa:
- The Short-Term visa stream, applies to overseas workers whose occupations are on the Short-Term Skilled Occupation List (STSOL), who will be employed for 2 years, unless this is inconsistent with an international trade obligation. Short term visa stream holders will have the ability to renew this visa once onshore for a further period of 2 years.
- The Medium-Term stream, applies to workers whose occupations are on the Medium and Long-Term Strategic Skills List (MLTSSL), who can be employed for up to 4 years with the ability to transition to permanent residency after being employed by the nominating sponsor on a TSS visa for a minimum period of at least 3 years.
- The Labour Agreement Stream, enables skilled overseas workers to be employed under a labour agreement with the Commonwealth government.
Eligibility Requirements – Business Sponsor
Labour Market Testing – the sponsoring employer will need to provide evidence that they have made attempts to recruit for the nominated position from the local labour market. Certain exemptions to labour market testing exist, if an international trade obligation applies.
Minimum Market Salary – employers are required to provide remuneration to the nominated employee that meet current industry rates in Australia. This requirement is known as the Australian Market Salary Rate (AMSR). The salary must also be above the Temporary Skilled Migration Income Threshold (TSMIT) applicable at time of application.
Training Requirement – employers nominating a worker for a TSS visa are required to pay a contribution to the Skilling Australians Fund that has been established by the Federal Government. The contribution is $1,200 per year or part year for businesses with an annual turnover of less than $10 million and/or a contribution of $1,800 per year or part year for any other business, the contribution is payable in full at the time of the nomination application.
Eligibility Requirements – Applicant
Work Experience – all applicants are required to have at least two years’ work experience relevant to the occupation being nominated.
Police Clearances – all applicants will be required to provide police clearances for every country they have spent 12 months or more in, in the last 10 years.
English Ability – Occupations that are listed on the Short-term stream are required to provide evidence of an English ability of at least IELTS 4.5 in each test component or its equivalent. Occupations that are listed on the Medium-term stream are required to provide evidence of an English ability of at least IELTS 5.0 in each test component or its equivalent.
Certain occupations have caveats associated to them, meaning that if a business wishes to be nominated in a particular occupation that has a caveat, further requirements must be met.
Some examples of the caveats imposed on certain skilled occupations are:
- Turnover of at least AUD$1 million per year
- At least five full time staff
- Positions such as bookkeepers, accounting clerks or clerical workers will not be able to be sponsored under the occupation ‘Accountant’
A list of the available occupations and occupation caveats can be found here.
Despite the recent changes as have been implemented in relation to the Temporary Skills Sponsorship visas, Australian employers continue to provide employment opportunities to skilled overseas professionals and tradespersons in order to meet the on-going and agile demand of their business needs.
Ethos Migration works in partnership with employers and human resource professionals alike to provide up-to-date and dedicated immigration legal advice and representation for the Australian immigration and visa requirements.