The Temporary Skills Shortage (TSS) Subclass 482 visa replaced the Subclass 457 Temporary Work Skilled Visa in March 2018.
There are two occupation lists relevant to the TSS Visa:
Applicants for the Temporary Skills Shortage (TSS) visa, whose occupations are on the Medium and Long Term Strategic Skills List (MLTSSL) are granted visas for up to four years and can transition to an Employer Nominated Permanent Residence visa after three years with their employer.
The pathway to Permanent Residence is either via a Subclass 186 Employer Nominated Visa or Subclass 187 Regional Sponsored Employment Scheme Visa (RSMS) after a qualifying period of three years.
Applicants for the Temporary Skills Shortage (TSS) visa, whose occupations are on the Short Term Skilled Occupation List (STSOL) are granted visas for up to two years with an option to renew the visa for a further two years in Australia.
Applicants may be granted further TSS visas if they apply from outside Australia. Applicants with an occupation on the Short Term Skilled Occupation List (STSOL) are unable to transition to an employer nominated permanent residence visa.
The TSS Visa Application Process Involves 3 Major Stages
If an employer decides that they would like to to sponsor you for a TSS Visa they must:
1. Be an approved Business Sponsor or be a party to a valid Labour Agreement.
2. Nominate you for a TSS Visa
3. You apply for the TSS Visa
Q: What Are the Requirements to Become An Approved Business Sponsor?
The employer’s business must be lawfully trading with a healthy set of financials, which support the business’s ability nominate the employee.
The business must have an accepted business structure eg: company, partnership, trust, sole proprietor etc
There must be no adverse business information known to the Department of Home Affairs (DHA) with respect to the business, its directors or associates (e.g. the employer must have complied with all of its legal business obligations under the Fair Work and Tax Act, and sponsorship obligations under the Migration Act).
Q: What Are The Requirements to Become a Party to a Labour Agreement?
A Labour Agreement is a confidential contract that is negotiated with the Department of Home Affairs.
It involves negotiation with many different stakeholders, including unions.
Labour Agreements allow employers to negotiate with the government to nominate workers who have occupations that are not on any of the current occupation lists, and the agreement may include concessions with respect to the usual age, language and skills requirements.
Q: What Are The Requirements For a Valid TSS Nomination?
There are three different streams for the TSS Nomination:
- The Short Term Stream (results in a two year TSS visa, with no permanent residence options)
The nominated occupation is on the Short Term Skilled Occupations List (STSOL).
2. The Medium Term Stream (results in a four year TSS Visa with permanent residence options)
The nominated occupation is on the Medium and Long Term Strategic Skills List (MLTSSL).
3. The Labour Agreement Stream
The Employer must be a party to a valid Labour Agreement
The nominated occupation must be an occupation contained in the Labour Agreement.
Q: What do I need to apply for a TSS Visa?
At least two years experience in your nominated occupation – this is at the post qualification level, and you must meet the skills requirements for the occupation contained in the Australian and New Zealand Standard Classification of Occupations (ANZSCO)
You must meet the English requirements, which are an IELTS average of 5 with no score less than 4.5, or an equivalent English test (unless exempt)
Meet the medical and character requirements
Be licensed in your occupation if required