As of March 18th 2018, 457 visa was officially canceled and new visa applications for 457 visa cannot be lodged any more.
Since then, the Temporary Shortage Skills (TSS) visa subclass 482 has officially been introduced.
The Department of Home Affairs will use the TSS abbreviation exclusively on its website and in all the documents, so we will also use this abbreviation in this article.
Who can apply for a TSS visa?
The TSS visa is intended for employers who cannot find an employee with the adequate skills in Australia and therefore want to sponsor an overseas employee.
The innovation that TSS visa brings is that for this stream you will be asked to declare yourself regarding permanent residence, that you have no intentions to permanently live in Australia (Genuine temporary entrant).
TSS visa holders can only work in their nominated occupations and for an approved sponsor.
Phases for TSS visa
There are three phases for having a TSS visa granted successfully:
- Application for sponsorship lodged by the employer (Business Sponsorship Application) – the employer can only sponsor someone if his business is approved as a sponsor by the Department of Home Affairs.
- Application for job nomination and occupation by the employer (Nomination Application) – the employer must show that he has the real need to hire a non-Australian citizen/permanent resident for the certain vacant position;
- Visa application by the visa applicant, that is future employee (Visa Application) – the employee must lodge the application and meet all the requirements for this visa.
The potential employer-sponsor is obliged to pay all costs related to sponsorship and nomination. These costs cannot be passed on to the employee.
We provide immigration assistance for all three phases, which means that we can help the employer with the first two phases, but also help the applicant for Temporary Work visa Subclass 482.
We cannot assist prospective TSS visa holders in finding an employer-sponsor, but we may assist an employer to sponsor a suitable worker.
TSS visa streams
There are three different streams of TSS visa:
Short-term TSS visa – up to 2 years
Short-term TSS visa subclass 482 for Australia can be issued for a period of no more than 2 years, and sometimes with the exception of up to 4 years, but only in cases when international labor conventions apply.
To have a Short-term TSS visa granted, you must have your nominated profession on the Short-term Skilled Occupation List (STSOL).
Medium-term TSS visa – up to 4 years
Medium-term TSS visa is an option for employers who wish to sponsor a foreign worker for a period of up to 4 years for professions that are on Medium and Long-term Strategic Skills List (MLTSSL) or Regional Occupation List (ROL) for a TSS visa.
Labour Agreement TSS visa
It is expected that the Labour Agreement Stream will be used mostly as a way to reach employees who cannot apply for the other two streams.
For this stream, the employer who wants to sponsor an employee must start negotiating with the Australian Government represented by the Department of Home Affairs in order to sign a contract for sponsoring an employee.
Working on this type of visa requires detailed knowledge of the Labour agreement process and we can help you with this TSS visa stream. It is important to know that the process is complex and requires a lot more time and patience than for other streams.
Who can have a TSS visa granted?
No matter which TSS visa stream you apply for, you must meet certain requirements such as:
- be nominated by an approved sponsor and have your nomination approved;
- possess required skills and qualifications and to pass a skills assessment, if necessary;
- have an adequate level of English language;
- have an independent Substantive visa or a Bridging visa A, B or C if you are in Australia;
- you have respected visa conditions if you previously had a visa for Australia;
- you are of a good character and can pass the medical examination;
- meet all other requirements for a TSS visa stream that you are lodging the application for.
The good news is that there is no age limit for TSS visa subclass 482.
Required qualifications and work experience
You need to show that you have the required skills, knowledge, qualifications, and work experience to be able to successfully perform the job for which you should be sponsored.
You need to have at least two years of work experience in the occupation you are being nominated for. It means you need to have at least 2 full years of certain work experience with full-time engagement or equivalent.
The general rule is that only work experience in the last five years counts. For some professions, it is not necessary to do the skills assessment, but it is necessary to provide evidence for the relevant qualifications, recommendations from previous employers, CVs, etc.
Rights you gain with a TSS visa
With this visa, you have the right to stay in Australia or travel outside Australia during the validity of the visa, and members of your family have the right to work and study in Australia.
You can lodge a visa application onshore or offshore.
You cannot apply for a short-term TSS visa as the main applicant more than once, which means that, for example, another member of your family can.
Visa application charges for Short-term stream visa are AUD$ 1,265 and for the Medium-term and Learning agreement streams are AUD$ 2,645.
Please, note that the above-mentioned costs are only fees for lodging a visa application that are up to the applicant to cover, as the employer is not obliged to cover these costs.
The employer will cover the costs related to sponsorship and nomination application which we mentioned above.
These costs do not include the costs of medical examinations, health insurance for Australia, Registered Migration Agent Service, taking English tests, etc.
If you wish to sponsor a worker on a TSS visa 482 or you consider applying for a TSS visa 482 and already have an employer who could sponsor you, we suggest that you contact us on some of our available contacts so that we can schedule an appointment to check if you meet all the requirements for this visa type or some other visa type, as well as to give you a full overview of the whole process.