When theres a lack of qualified US job candidates which program allows companies to recruit skilled foreign workers?

From March 2018, the Australian Government introduced a new work visa in replacement of the 457 visa – the Subclass 482 Temporary Skill Shortage (TSS) visa.

Índice Show

What does this visa allow you to do?
Who can apply for the TSS visa?
How do I qualify for a TSS Visa?
How do I apply for a TSS visa?
Common Scenarios
Our Service
What are the eligibility requirements to apply for a Temporary Skill Shortage visa (subclass 482)?
What are the general requirements for employers to apply for a Temporary Skill Shortage visa (subclass 482)?
How do I apply for a Temporary Skill Shortage visa (subclass 482)?
Migration Resources

What does this visa allow you to do?

The TSS visa is a temporary visa which permits the holder to live in Australia, while working full-time for the sponsoring employer, in the nominated position. Applicants for a TSS visa may include dependent family members in their application.

Who can apply for the TSS visa?

The TSS visa has a short-term stream and a medium-term stream. Applicants with occupations on the Short-Term Skilled Occupations List (STSOL) are eligible for visas of up to two years (renewable once, for a further two years), whilst those on the Medium and Long-Term Strategic Skills List (MLTSSL) can apply for up to four years, with eligibility for permanent residency after three years.

How do I qualify for a TSS Visa?

Occupation
The role that the employer wants to fill must appear as an occupation on the Combined List of Eligible Skilled Occupations. In determining whether the proposed nominated occupation is an accurate reflection of the duties of the position, the Department of Home Affairs (formerly DIBP) uses the Australian New Zealand Standard Classification of Occupations (ANZSCO).
Both the position description and the TSS visa applicant’s employment and education history must reflect the description provided by ANZSCO.

Applicant Skills
The applicant must have the skills required to fulfil the role. Whilst the skills required vary in accordance with the occupation in question, all TSS visa applicants are required to have a minimum of two years’ relevant work experience. When examining a TSS visa applicant’s skills and qualifications against the nominated position, Home Affairs case officers cross-reference the position description supplied in the employer’s nomination application with the visa applicant’s qualifications and work references.

If applicants are not from an exempt country (UK, USA, Canada, NZ or Ireland), they will also need to meet English language requirements at the time of application.

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.

How do I apply for a TSS visa?

There are three steps to the application process.

1 – Standard business sponsorship

A business must become approved as a Standard Business Sponsor in order to employ a TSS visa holder. To obtain a Standard Business Sponsorship agreement, the business must demonstrate lawful and active operation in Australia. This includes identifying the correct ABN to apply under, registering the business name, supplying Business Activity Statements (BAS) and financial statements, as well as showing a commitment to training Australian citizens and permanent residents and compliance with workplace and other Australian laws.

2 – Nomination

Following the SBS application, an employer must nominate a position within their business as one which must be filled by an overseas citizen. As part of this step, there are various requirements to be met:

Labour Market Testing
To nominate an employee for a TSS visa, a business must demonstrate that they have tested the labour market. Labour market testing includes demonstrating that the business unsuccessfully advertised for the nominated position. Evidence will need to be supplied as part of the application and the evidentiary requirements are very specific. In most cases, three advertisements placed within the last 4 months for a minimum period of 28 days will be acceptable, however there are instances when this will not be sufficient, and alternative evidence is required. Further, there are exemptions to this requirement in some instances. 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 set by DIBP 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.

Note: Some occupations will be subject to caveats that set a minimum remuneration level that is above TSMIT.

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 SAF levy will make nominating employees a considerably more expensive undertaking for a business.

The amounts payable per applicant are set out as follows:

The charge will be calculated according to the number of years for which the visa is required, as set out in the nomination, and will be payable in full at this time.
A small business (Turnover less than $10M) will pay $1,200 per nomination per year for a TSS visa. A large business will pay $1,800 per nominee per year.
If the employee is applying for a four year visa, this will require the four annual payments to be made at the time of application. (For example, if a large business nominates an employee for a four year TSS visa, this business is liable to pay $7,200 when the nomination is made.)

3 – Visa application
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.

Common Scenarios

My employer has sponsored employees previously, but only under the 457 visa regime. Can the business use the same standard business sponsorship agreement to sponsor me for a TSS visa?

Yes. A TSS nomination and visa application can be lodged and approved on the basis of a standard business sponsorship agreement.

I am over 50 years of age. Can I still apply for this visa?

Yes, there is no age limit for this visa type.

I am a Marketing Specialist. Will I be able to transition to permanent residency once I have been on the TSS visa for three years?

No. Marketing Specialist is on the STSOL, which means that it does not have a pathway to employer nominated Australian permanent residence.

Can I include my family members in my application?

Yes. Spouses/Partners and children can be included in a TSS visa application as dependent family members. These family members will have unrestricted work and study rights.

Can I renew my visa once it is due to expire?

Yes. For visas granted to occupations on the STSOL, a visa holder can re-apply for one further two year TSS visa.

For those with occupations on the MLTSSL, the visa holder can renew the TSS visa for a further 4 years, or transition to permanent residency.

Our Service

TSS Immigration provides full-service migration assistance. We can take care of the business sponsorship, nomination and visa applications, from eligibility assessment stage straight through to application lodgement and finalisation. We will ensure that all stakeholders are fully informed and confident in the application, and liaise with DIBP as your representative until we have obtained the desired migration outcome on your behalf.

Temporary Skill Shortage visa (subclass 482) or “TSS visa” is a work visa which allows Australian employers to sponsor a person from overseas to work in their business in Australia.

This particular work visa was introduced on 19 March 2019. It replaced the Temporary Work visa subclass 457 which has been abolished by DHA.

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 the TSS visa.

There are three (3) streams to the TSS visa:

The Short-Term stream
The Medium-Term stream
The Labour Agreement stream

You can select the stream that applies to you by referring to the Consolidated Skilled Occupations list. If your occupation make you eligible under the short-term stream then maximum time period that your TSS visa will be approved for is two (2) years. If your occupation makes you eligible under the medium-term stream, then the maximum time period that your TSS visa will be approved for is four (4) years.

What are the eligibility requirements to apply for a Temporary Skill Shortage visa (subclass 482)?

The general requirements of the TSS visa are that:

You have an occupation on the Consolidated Skilled Occupations list
You have been nominated for a job position by an Australian employer that wants to recruit you to work for them
You have the relevant skills and qualifications for your occupation
You have at least two (2) years of work experience in your occupation
You have vocational English language ability
You can satisfy DHA requirements for good character and health
If you are in Australia, you have a substantive visa, or a bridging visa A, B, or C and you have complied with your visa condition.

Note: There is no age requirement for the TSS visa.

What are the general requirements for employers to apply for a Temporary Skill Shortage visa (subclass 482)?

Employers who sponsor foreign nationals to work in Australia on the TSS visa are required to:

Be a lawfully operating business
Have no adverse information against the business
Nominate a job position for the foreign national worker that is full-time and genuine
Satisfy salary and employment condition related requirements
Provide evidence of Labour Market Testing if required

How do I apply for a Temporary Skill Shortage visa (subclass 482)?

Step 1: Check if your occupation is on the Consolidated Skilled Occupation Lists

Step 2: Ensure you meet all the eligibility requirements

You must meet the following requirements in order to apply:

Have a knowledge of the English language;
Arrange to have health insurance during your stay in Australia; and
Meet the health and character checks required for all Australian visa applicants

Step 3: Find an employer who is willing to sponsor you to work in a job position in Australia Employers can complete the employer sponsorship application online through the Department of Home Affairs (DHA).

Step 4: Get an employer nomination

Once you find an employer, you will need to have them nominate you for the TSS visa. You can apply for the visa at the same time your employer lodges their applications to sponsor and nominate you. Employers complete the employer nomination application online through the DHA.

Step 5: Apply for the TSS Visa

Once the employer nomination application is submitted, you can apply for the 457 visa online through the DHA.

Step 6: Wait for a decision

It can take several months for the DHA to make a decision on your visa application. In 2018 , the processing time for the TSS visa is 11-18 days.

Step 7: Receive your visa and start working!

Once your application is approved, you will receive your visa and can start work in Australia.

Migration Resources

IMMIGRATION DIRECT helps you complete your application quickly and accurately, provides 24/7 email support, telephone support
Monday-Friday: 9 a.m - 6 p.m. and automatically generates all the forms you need for your application.