New Visa Announced - Temporary Skill Shortage (TSS) Visa
On Sunday 18th March 2018, the Australian Government introduced a new temporary work visa – the subclass 482 Temporary Skill Shortage (TSS) visa. The Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018 repealed the subclass 457 visa.
The new visa enables businesses to employ a skilled overseas worker if an appropriately skilled Australian worker is unavailable. 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.
The TSS visa has three streams:
1. Short-Term Stream
3. Labour Agreement Stream
1. Short-Term Stream
This stream is intended to fill temporary gaps in the Australian Labor market. The occupation must be on the Short-Term Skilled Occupations List. Applicants with an occupation on the Short-Term Occupations List (STSOL) are eligible for visas up to two years renewable onshore once, for a further two years. Unfortunately, there is no pathway to permanent residency.
Applicants must meet the English language requirement, being an overall IELTS score of 5.0 with a minimum of 4.5 in each area and provide a police check proving they are of good character. Applicants may also need to satisfy the Genuine Temporary Entrant requirement (GTE) i.e. that they intend to remain in Australia temporarily.
Unlike the subclass 457 visa where work experience in some circumstances was not required, for the TSS visa applicants will need to have at least 2 years of work experience.
This visa is aimed at applicants working in skilled occupations critical to the Australian economy. The occupation must be on the Medium and Long-Term Strategic Skills List (MLTSSL). Applicants with occupations on the Medium and Long-Term Strategic Skills List can apply for up to four years with eligibility for permanent residency after three years.
Applicants must meet the English language requirement, being an overall score of 5.0 with a minimum of 5.0 in each area under the Medium and Long-Term Strategic Skills List (MLTSSL) and provide a police check proving they are of good character.
Like under the Short-Term stream, under this stream visa applicants will need to have at least 2 years of work experience.
3. Labour Agreement Stream
Applicants will be able to apply under the Labour Agreement Stream if your employer has entered into a labour agreement with the Department of Home Affairs.
There are three steps in the application process:
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:
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. Click here for further information on SAF.
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 visa. To apply onshore an applicant must have a substantive visa or a bridging visa A, B or C.
The Visa application charge for a single applicant will be:
Short-Term Stream: AUD$1,150
Medium-Term Stream and Labour Agreement Stream: AUD$2,400
Heenan & Browne Visa and Migration Services can advise employers and visa applicants on the requirements of this new visa. We can assist with the TSS 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.