Temporary Skill Shortage visa (subclass 482)
Commencing on 18 March 2018 and replacing the previous subclass 457 visa, the subclass 482 Temporary Skill Shortage visa (TSS) enables employers to address labour shortages by bringing in genuinely skilled workers from overseas.
What can you do under this visa?
The TSS visa is a temporary visa allowing you to live and work in Australia with your dependants. You are required to maintain full time employment with your sponsor and work only in your nominated position. You must also maintain adequate health insurance for yourself and dependant family members.
Can I apply for this visa?
There are 3 streams under the new TSS visa:
- The Short-Term Stream
- The Medium-Term Stream
- The Labour Agreement Stream
The list of available positions available for sponsorship under the TSS visa can be found here
If your occupation is on the Short-Term Skilled Occupation List (STSOL) then your sponsor can sponsor you under the Short-Term Stream for a maximum of 2 years, with the ability to renew onshore for another two years or 4 years if an International Trade Obligation applies.
This stream does not have a pathway for permanent residency transition.
If your occupation is on the Medium-Term Skilled Occupation List (MLTSOL) or the Regional Occupation List (ROL) then your sponsor can sponsor you under the Medium-Term Stream for periods of up to 4 years.
This stream provides a pathway to permanent residency.
Labour Agreement Stream
This stream is available if your employer has entered into a Labour Agreement and wishes to sponsor you as an overseas worker.
There may be permanent residency pathways depending on the labour agreement your employer has entered into.
What are the requirements for a TSS visa?
There is no age requirement for the TSS visa. However, age limits apply to permanent residency visas (generally 45 years) under skilled permanent entry pathways, therefore, you should consider this before you apply if you wish to seek permanent residency in the future.
Unless you are a passport holder of the UK, USA, Canada, Ireland or New Zealand, you will have to satisfy English requirements. The level of English proficiency depends on the stream you are applying under.
You are able to provide either IELTS, OET, TOEFL iBT, PTE Academic or CAE to demonstrate your English proficiency.
Aside from being a passport holder from an eligible country, there are also other exemptions from the English language. Please contact us for more details.
You must provide evidence that you have the necessary skills, qualifications and employment background to perform in your nominated position. For some applicants, a skills assessment is a mandatory requirement of demonstrating sufficient skills. All TSS applicants need to demonstrate that they have at least two years’ work experience in their nominated position.
Your nominated position must be on the list of eligible skilled occupations. The Department of Home Affairs uses the Australian New Zealand Standard Classification of Occupations (ANZSCO) as a guide to the duties related to an occupation, therefore your previous experience and background and the role that your sponsor will nominate you under should closely reflect the descriptions on ANZSCO.
Police Checks – you will need to provide a police clearance from each country you have lived in for 12 months or more in the past 10 years after turning 16. This applies to everyone in your application.
Heath Checks – all applicants must undergo health examinations when requested.
How do I apply for the TSS visa?
There are also 3 steps in applying for the TSS visa.
Standard Business Sponsorship Application
Unless your employer is an existing 457 Standard Business Sponsor whose sponsorship has not expired or has an active Labour Agreement, then the first step to sponsoring an overseas worker for a TSS visa is for your employer to apply to become a Standard Business Sponsor (SBS).
Employers must demonstrate lawful and active operations in Australia which includes providing their Financial Statements, Business Activity Statements, Company Registration certificates, demonstrating compliance with Australian work place laws, etc.
The TSS nomination process identifies the position to be filled by an overseas skilled worker in an approved business. The position must be an eligible occupation on the list of eligible skilled occupations or specified in a labour agreement.
Among other things, the nomination application must also adequately satisfy the following requirements:
Minimum Salary Level
Employers must ensure that certain salary and employment conditions are met when sponsoring overseas skilled workers. Overseas workers are to be paid no less that what an Australian worker would be paid to perform the same role in the same location, ie., ‘annual market salary rate AMSR’.
Employers must also meet a minimum salary level of $53,900 plus superannuation.
The nominated position must be genuine, be consistent with the nature of the employer’s business and not have been created for a migration pathway.
This is a rather subjective criterion that is used most often in refusing nomination applications, therefore, particular attention must be paid to this requirement.
Labour Market Testing (LMT)
Employers must demonstrate that sufficient local labour market testing has been done prior to nominating an overseas skilled worker. This, whilst previously was only required for some occupations under the 457 visa, is now required for all occupations unless an International Trad Obligation applies.
Under new requirements, LMT must have been undertaken within the previous 12 months prior to the nomination application for applications lodged before 18 June 2018. For nomination applications lodged after 18 June 2018, LMT must have been conducted within the previous 6 months.
Two job advertisements must be advertised in English and be live for at least 21 days and include the title/description of the position, the name of the sponsor/recruitment agency and the salary. The medium of advertisements can be either via a national recruitment website, in national print media, radio or in limited cases, on a sponsor’s website (only if the sponsor is accredited).
Under the 457 program, employers were required to demonstrate their commitment to training local staff via the SBS stage. Under new changes, a Skilling Australia Fund (SAF) has been introduced and will requirement a training fee to be paid to the SAF for each nomination lodged.
The SAF levy Bill has not yet passed the Senate therefore has not been implemented, when it does (most likely in May 2018), it is proposed to cost $1800 per year for a TSS nomination where the sponsor’s turnover is over $10 million and $1200 per if the sponsor’s turnover is under $10 million.
You will be able to make your TSS visa application once the sponsorship and nomination applications have been lodged or approved. All three steps can be done at the same time, you will not need to wait until sponsorship or nomination approval to lodge a visa application, however, each step must be approved for the processing of the next step.
*Note to existing 457 visa holders
If you held a 457 visa prior to 18 April 2017 or applied for a 457 visa before 18 April 2017 and was subsequently granted the visa and still holds this visa at the time you apply for your permanent residency visa under the sc186 or sc187 pathway, transitional arrangements apply which means:
You will be able to transition to the Employer Nominated Scheme Subclass 186 (Permanent) visa regardless of whether your position is on the current list of eligible positions
You do not need to satisfy the new age limit of 45, the previous requirement that you lodge your sc186/187 visa prior to turning 50 still applies
You will be eligible to apply for your permanent residency visa under the sc186/187 pathway after being employed for at least 2 years under your 457 visa.