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Melbourne

Sydney

visa@immi-law.com.au

Visa Assessment

The Temporary Skill Shortage (TSS) visa

The 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 Sponsoring Business

The business seeking to employ you must:

  • be actively and lawfully operating in Australia
  • have undertaken ‘Labour Market Testing’ (LMT) i.e. attempted to recruit a suitably skilled and qualified Australian to work in the nominated position. The position must have been advertised within the last 4 months.

Evidence provided in support of LMT must meet strict criteria regarding the location, type and content of advertisement. Employers are not required to undertake LMT if an International Trade Obligation applies.

If the business seeking to employ you is located overseas (not in Australia), it must be actively and lawfully operating, and be bringing you to Australia either to establish a business operation, or to fulfil contractual obligations. It is also required to undertake LMT.

Certain sponsors may be able to apply for accredited status, which enables them to receive priority processing for all TSS nomination and visa applications.

Nominated Position

The position to be filled must:

  • be a genuine position, 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). If the sponsor is located overseas, the position must be located in the sponsor’s business.
  • have a base salary of more than AUD 70,000 per year (excluding any non-monetary benefits) AND at least the annual market salary rate (AMSR) for your nominated occupation (salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.
  • be subject to terms and 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.

Visa Applicant

As the visa applicant, you must:

  • have skills (qualifications and/or work experience) that match those required for the nominated position. Certain applicants will be required to undergo a formal skills assessment, which must be commenced prior to lodging the visa application.
  • have at least two years of full-time experience (or the part-time equivalent) in your nominated occupation (or a closely 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
  • meet the relevant health and character criteria

Medium Term Stream (TSS) – Additional Requirements (4 years)

Nominated Position

To qualify for the Medium-term stream of this 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.

Certain occupations on these lists will be subject to additional requirements (e.g. work experience, location, type of business operated by sponsor, nature of position).

Visa Applicant

To qualify for the Medium-term stream of this visa, you must also:

  • have the required level of English proficiency. You are exempt from this requirement if you hold certain passports or if you have completed at least five years of full-time study in a secondary or higher education institution where all instruction was conducted in English.

Short-term Stream (TSS) – Additional Requirements (2 years)

Nominated Position

To qualify for the Short-term stream of this visa, the nominated position must also be on the Short-term Skilled Occupation List (STSOL).

Certain occupations on this list will be subject to additional requirements (e.g. work experience, location, type of business operated by sponsor, nature of position).

If you have held more than one subclass 482 TSS visa (i.e two 482 visas) in the Short-term stream, you will not be eligible to apply for another visa in this stream whilst you are in Australia, unless an ITO applies.

Visa Applicant

  • genuinely intend to stay in Australia on a temporary basis only
  • have the required level of English proficiency. You are exempt from this requirement if you hold certain passports or have completed at least five years of full-time study in a secondary or higher education institution where all instruction was conducted in English.