This visa, referred to as the TSS subclass 482 visa, enables employers to address labour shortages by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian. It facilitates targeted use of overseas workers to address temporary skill shortages, while ensuring that Australian workers get priority.
TSS visa holders can work in Australia in their nominated occupation for their approved sponsor under one of three streams:
Short-Term stream: This stream is available if your employer wishes to sponsor you (as an overseas skilled worker) on a temporary basis only in occupations listed on the Short-term Skilled Occupation list (STSOL) for a TSS visa. It can be used to fill positions for a maximum of two years or four years if an International Trade Obligation (ITO) applies.
Medium-Term stream: This stream is available if your employer wishes to sponsor you (as an overseas skilled worker) for periods of up to four years in occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) for a TSS visa.
Labour Agreement stream: This stream is available if your employer wishes to sponsor you (as an overseas worker) and has entered into a labour agreement with the Department.
This new visa allows skilled individuals to work in Australia for periods of 2 or 4 years depending on the stream they apply under. It will allow the visa holder to live and work full-time in Australia for the sponsoring employer in the nominated occupation on a temporary basis.
There are three steps
1. Standard Business Sponsorship
A business must become an approved Standard Business Sponsor before it can sponsor a TSS visa applicant. It must demonstrate lawful and active operations in Australia and show a commitment to training Australian citizens and permanent residents and compliance with Australian laws.
Following the Standard Business Sponsorship application, a business must nominate a position within their business as one which must be filled by an overseas citizen. The position must be full-time. A business must be able to demonstrate that there is a genuine need for the position. This is partly met by labour market testing in the 12 months prior to making a nomination application and will need to be provided with application. Businesses will also need to pass a non-discriminatory workforce test to ensure that they are not actively discriminating against Australian workers.
The nominated salary must be above the Temporary Skilled Migration Income Threshold (TSMIT) which is currently $53,900 and must be within the market rate for the role.
Instead of Training Benchmark A or B an employer will also have to contribute to a Skilling Australian Fund (SAF) (the bill still needs to be passed by the Senate). The levy will be as follows:
3. Visa Application
An applicant must be able to demonstrate that they meet the requisite skill level for their occupation as well as health and character requirements. There is no age requirement for this temporary skills shortage visa. To apply onshore an applicant must have a substantive visa or a bridging visa A, B or C.
What you Can Do
This visa allows you to travel to and from Australia for the duration of your visa and:
You might be able to get this TSS subclass 482 visa, as an overseas worker, if you:
This information is for employers who want to sponsor a skilled worker from outside (or inside) Australia for a TSS visa.
Unless you are already an approved standard business sponsor or have executed a labour agreement with the Department, the first step to sponsoring an overseas worker for a TSS visa will be to apply to become a standard business sponsor.
A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian Government. It may be used when the standard TSS program is not available.
Streamlined arrangements are also in place for existing standard business sponsors to renew their sponsorship prior to expiry.
It is strongly recommended that you apply for accredited status as this has significant benefits for Australian employers.
Heenan & Browne Visa and Migration Services can advise employers and visa applicants on the requirements of Employer Sponsored visas. We can assist with the visa process from start to finish. To arrange a consultation with one of our Registered Migration Agents, please call our office on 0490 324416 or send us an email at firstname.lastname@example.org.
If you would like visa advice or process your visa application through us, the best way to start is to have a consultation with one of our Registered Migration Agents.Book Consultation
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