TEMPORARY WORK VISA
The TSS visa replaces the 457 visa that was abolished on 18 March 2018.
If you have the skills to fill a job position with an Australia employer who is looking to recruit you then you may be eligible for the 482 TSS visa.
Employers will need to apply for an approval as a Standard Business Sponsor (SBS) which will generally last for 5 years. Otherwise, for businesses with an approved Standard Business Sponsorship in effect may continue to use this for the 482 visa.
TEMPORARY SKILLS SHORTAGE (TSS) VISA SUBCLASS 482
The 482 TSS visa is designed to fill the employment gaps in the Australian labour market for occupations that are currently unable to be filled by appropriately qualified and skilled Australian workers.
The application for a company sponsorship visa consists of 3 main parts:
1. SPONSORSHIP REQUIREMENTS
Applying for approval as a business sponsor would require the business to provide details to show:
- The business is a lawfully operating in Australia or overseas
- 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)
2. TSS NOMINATION REQUIREMENTS
Employers must then nominate an occupation from the occupations list via the three TSS application streams. These are as follows:
Short term stream– 2 + 2 year visa:
- The nominated occupation must be on the Short-Term Skilled Occupations List (STSOL)
- Applicants must show that they are Genuine Temporary Entrants
- The visa is valid for either 1 or 2 years (unless an International Trade Obligation applies)
- The visa can only be renewed onshore once for up to 2 additional years
Medium term stream- 4 year visa:
- The occupation must be on the Medium and Long Term Strategic Skills List (MLTSSL)
- A higher English language requirement applies compared to the short term stream
- The visa can be valid for 1, 2, 3 or 4 years
- The visa can be renewed without limitation and applicants may be eligible for permanent employer sponsored options
PRIMARY CRITERIA FOR NOMINATIONS
Labour Market Testing
To nominate an employee for a TSS visa, a business must demonstrate that they have tested the labour market. Employers are encouraged to seek professional advice to ensure that the labour market testing provisions are met.
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 currently $53,900 plus superannuation. Secondly, the proposed salary must be within the market rate for the role.
Training Levy
The introduction of the TSS visa brings with it a new Skilling Australians Fund (SAF) levy to be paid at nomination stage. The amount depends on the annual turnover of your business
Labour Agreement stream: This stream is for employers who have negotiated a labour agreement with the Australian Government. We provide consultations and assistance with applying for Labour Agreements, please contact us for further information.