Temporary Skills Shortage (TSS) Visa
Subclass 482
What Is It?
The Employer Sponsored Temporary Skilled Shortage (TSS) Visa is the most common visa used by companies to sponsor employees in Australia, enabling them to address labour shortages by hiring skilled workers where they cannot find an appropriately skilled Australian.
Eligible occupations for the TSS program must feature on either of the lists below:
- Short-Term Skilled Occupations List (STSOL)
- Medium and Long-Term Strategic Skills List (MLTSSL)
The Application Process
After determining eligibility for both the business and employee, there are 4 stages they both have to go through during the application process
1. Approved Standard Business Sponsorship
Your employer must be an approved standard business sponsor by meeting sponsorship approval criteria. Approval is for a five-year period.
2. Labour Market Testing
The Employer must complete at least 4 weeks of labour market testing
3. Nominate Position
Your employer must nominate a skilled position within their business as which is fulltime and need to be fulfilled by an overseas worker.
4. Apply for the visa
Step three of the process is the visa application itself, at which time the nominee must demonstrate that they meet the requisite skill level for their occupation, as well as health and character requirements.
Stage 1 - Determine Eligibility
Employer Eligibility
An employer is typically eligible to nominate an employee if it:
- Is an Approved Standard Business Sponsor
- Has a genuine position available;
- Conducts labour market testing* to show that a suitable Australian worker is not available for the position; and
- Will pay the annual market salary to the nominated employee.
Labour Market Testing must have been undertaken:
- Two advertisements published
- For a minimum period of 28 days; and
- Not more than four months before the date the nomination is lodged.
Employee eligibility
In general, an employee is eligible for the TSS visa if they:
- Have been successfully nominated by approved employer for an occupation on one of the Skills List
- Have worked in the nominated occupation for at least two years;
- Meet English Language proficiency requirement
- Have health insurance; and
- Meet the Health, Character, Visa History and Genuine Temporary Entrant
Stage 2 - Lodge Standard Business Sponsorship (SBS)
- The business is a lawful, operating business
- The business has the financial ability to meet its sponsorship obligation
- The business has continued to meet the training obligations (only for businesses who have previously been approved as a business sponsor)
Stage 3 - Labour Market Testing
Stage 4 - Nomination
- The position is on one of the skills lists;
- There is a genuine need for the position
- They have conducted Labour Market
- The foreign employee is receiving employment remuneration equal to that or above that of an Australian citizen.
Testing and cannot find an Australian to fill the role.
Stage 5 - Apply for Visa
Visa requirements
- Have at least two years of full-time, relevant work experience
- Meet the ANZSCO requirements for the nominated occupation
- Meet the English language requirement relevant to the stream in which the application is made (exemptions from English language testing are available in certain circumstances)
- Short term stream: equivalent to average 5 in IELTS, with no scores under 4.5 in any of the 4 bands
- Medium term stream: equivalent to a minimum of 5 in each band of IELTS, an average of 5 is not enough
- Both streams: Hold passport from the UK, Ireland, USA, Canada and New Zealand
Short term stream
Stay
Up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies
Occupation
Must be on the Short-Term Skilled Occupations List (STSOL)
Features
- Applicants must show that they are Genuine Temporary Entrants
- The visa can only be renewed onshore once
- Provides limited pathways for employer sponsored permanent residence
Costs
The base fee for the visa is:
For employees: from $1,265 AUD
For employers:
- $420 AUD Sponsorship Application; and
- $330 AUD Nomination; and
- Skilling Australians Fund Levy
Medium term stream
Stay
Up to 4 years
Occupation
The occupation must feature on the Medium and Long Term Strategic Skills List (MLTSSL)
Features
- English language requirements are at a higher level compared to the short-term stream
- The visa can be renewed without limitation and applicants may be eligible to transition to permanent employer sponsored options
Costs
The base fee for the visa is:
For Employees: from $2,645 AUD
For Employers:
- $420 AUD Sponsorship Application; and
- $330 AUD Nomination; and
- Skilling Australians Fund Levy
Labour agreement stream
Stay
Up to a maximum of 4 years, depending on the terms in the labour agreement
Occupation
Employer must have a labour agreement with the Australian government
Common Questions – Employers
What is the required Salary Level?
The salary for the nominated position must meet two requirements. Firstly, the remuneration must be above the Temporary Skilled Migration Income Threshold (TSMIT). This threshold is set by DOHA each year and is currently $53,900 plus superannuation. Secondly, the proposed salary must be within the market rate for the role. This ensures that the applicant will be paid in line with Australian employees in comparable roles.
Are there any Caveats?
Some occupations are subject to caveats that set a minimum remuneration level that is above TSMIT. For example the occupation of “Marketing Specialist” or “Conference and Event Managers” excludes positions which have nominated annual earnings of less than AUD65,000 or for example the occupation of “Accountant” will require the business to have turned over at least AUD 1 Million in the 12 months prior to the nomination application.
How much is the Training Levy?
For businesses with an annual turnover of less than $10m:
- An upfront payment of $1,200 per nominee, per year of intended employment will be required
For businesses will an annual turnover of more than $10m:
- An upfront payment of $1,800 per nominee, per year of intended employment will be required
The revenue raised from these payments will go towards the training of Australian workers. Please note the SAF levy has replaced the ongoing training obligation for Standard Business Sponsors
Common Questions – Employee
What you can do with a TSS Visa?
TSS Visa holders can work in Australia in their nominated occupation on a full-time basis for the sponsoring employer. Applicants for a TSS Visa may include dependent family members in their application.
How long will the TSS 482 Visa be valid for?
Applying under the short-term stream will result in the TSS Visa being valid for either 1 or 2 years.
Applying under the medium-term stream will result in the TSS Visa being valid for either 1, 2, 3 or 4 years.
What are the visa conditions?
- The employee can only work for the nominating employer, in the occupation in which they were sponsored,
- The holder must commence work within 90 days of grant or arrival in Australia, and
- The holder is subject to cancellation if they cease work for more than 60 days.
How long will the TSS 482 Visa be valid for?
Applying under the short-term stream will result in the TSS Visa being valid for either 1 or 2 years.
Applying under the medium-term stream will result in the TSS Visa being valid for either 1, 2, 3 or 4 years.
Other Information
Health and character criteria will also need to be met. Police clearance certificates are required for every country in which the applicant has lived for 12 months or more since turning 16 years of age, within the last ten years.
Potential pathways
Applicants in the Short-term stream can’t apply for permanent residency.
Applicants in the Medium-term stream might be able to apply for permanent residency via the Temporary Transition Stream (TRT) of the 186 visa.
Key takeaway
If you are a skilled worker looking to work in Australia, you may be eligible for the
TSS visa. When you are checking your eligibility, ensure that:
- your proposed employer can nominate you;
- your proposed occupation is on the approved list; and
- you have the relevant skills, qualifications, and experience to meet the criteria under your selected nominated occupation.
Questra Immigration has successfully processed many TSS visas representing both individual clients and employers from all industry sectors.
Are you an employer?
We walk businesses through the steps they need to become an approved sponsor and employ overseas workers. We take both the stress and complexity out of the process, so you can focus on what really matters – your business. Get in touch with Questra immigration today.
Are you an employee?
We help make the process of applying to work in Australia easy. Get In touch to get the ball rolling.
