Temporary Skills Shortage (TSS) Visa
The Australian government offer a range of Employer Nominated visa options which enable Australian employers to fill skills shortages with skilled workers from overseas. These include the Temporary Skills Shortage (TSS) subclass 482, Employer Nomination Scheme (ENS) subclass 186 visa, and the Skilled Employer-Sponsored Regional (SESR) subclass 494 visas.
The subclass 482 Temporary Skill Shortage (TSS) visa allows employers to sponsor overseas workers to live and work in Australia on a temporary basis. This visa is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market. It is valid for a maximum of either two or four years, depending upon the nature of the skilled position.
The business seeking to employ you must:
- be actively and lawfully operating in Australia; OR
- be actively and lawfully operating overseas (not in Australia), and be bringing the visa applicant to Australia either to establish a business operation, or to fulfil contractual obligations).
In addition, there must not be any adverse information known that is relevant to the business’s suitability as an approved sponsor.
Adverse information includes (but is not limited to):
- contraventions of Commonwealth, State or Territory Laws relating to matters such as immigration, industrial relations or taxation.
- pending investigations or disciplinary actions.
- being the subject of administrative action for possible contravention of the law.
- having provided bogus documents or false/misleading information to the Department of Home Affairs.
Certain businesses may be able to apply for accredited status, which enables them to receive priority processing for all TSS nomination and visa applications. Please contact us to check if your employer’s business may be eligible for accreditation.
The position to be filled must:
- be a genuine, full-time position
- be in the sponsor’s business (or that of an associated entity), and be subject to a written contract of employment (unless exempt from this requirement).
have a salary that is:
- at least $53,900 per year (excluding any non-monetary benefits).
- at least the annual market salary rate (AMSR) for your nominated occupation.
- be subject to conditions of employment (other than earnings) that are no worse than those that apply, or would apply, to Australians performing equivalent work in the same location.
- have been subjected to ‘Labour Market Testing’ (LMT) i.e. the sponsor must have attempted to recruit a suitably skilled and qualified Australian to work in the nominated position. This requires the sponsor to provide evidence that it has advertised the position within the last 4 months, for at least 4 weeks.
To qualify for the Medium-term stream of the Subclass 482 (Temporary Skills Shortage) visa, the nominated position must also be:
- on the current Medium and Long-term Strategic Skills List (MLTSSL), or
- on the Regional Occupation List (ROL) AND located in a regional area of Australia
The Medium-term stream allows for a maximum four-year term of employment.
Short Term Stream
To qualify for the Short-term stream of the Subclass 492 (Temporary Skills Shortage) visa, the nominated position must also be on the Short-term Skilled Occupation List (STSOL).
The Short-term stream allows for a maximum two-year term of employment unless an International Trade Obligation (ITO) applies.
As the visa applicant, you must:
- have skills (qualifications and/or work experience) that match those required for the nominated position
- have at least two years of full-time experience (or the part-time equivalent) in your nominated occupation (or a related field)
- genuinely intend to work in the nominated position
- meet any mandatory licensing, registration, or professional membership requirements.
- have made adequate arrangements for health insurance during your stay in Australia, and meet the relevant health and character criteria.
Please book an appointment to discuss your visa application with a registered migration agent.