IT ALLOWS:

TSS visa enables employers to address labour shortages by hiring skilled workers where they cannot find an appropriately skilled Australian. It facilitates employment of foreign workers to address temporary skill shortages, while ensuring that Australian workers get priority.

TSS visa holders can work in Australia in their nominated occupation and may have a pathway to permanent residency. An applicant is eligible to be nominated under the TSS visa if their occupation is in the Short-term Skilled Occupations List (STSOL), Medium to Long Term Strategic Skills List (MLTSSL) or 482 Regional Occupations List (ROL).

*Occupations that are on the 482 STSOL do not offer a pathway to permanent residency.

A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work. The business must be a Standard Business Sponsor (SBS) or an Overseas Business Sponsor (OBS) to sponsor someone under the TSS visa.

 UPDATE* TEMPORARY CHANGES TO THE 457 AND TSS

As of 1 July 2022 there are Permanent residence pathways for Temporary Skill Shortage (Short-term stream) and Temporary Work (Skilled) visa holders.

Temporary Skill Shortage (TSS) visa holders in the short-term stream

Temporary Skill Shortage (TSS) subclass 482 visa holders in the short-term stream will be able to apply for permanent residence through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa.

To be eligible TSS visa holders must:

  • have been in Australia for at least one year between 1 February 2020 and 14 December 2021
  • meet all other nomination and visa requirements for the TRT stream of the ENS visa.

This pathway will be available for two years from 1 July 2022.

These arrangements also apply to Temporary Work (Skilled) subclass 457 visa holders with an occupation on the Short-term Skilled Occupation List (STSOL). This will allow eligible subclass 457 visa holders to apply for the TRT stream of the ENS without first applying for a TSS visa.

Transitional arrangements for subclass 457 visa holders seeking a permanent residence pathway through the TRT stream of the ENS came into effect when the subclass 457 visa was replaced by the TSS visa. These transitional arrangements were due to end on 18 March 2022 but will continue to be available, to be reviewed within two years.

Legacy Temporary Work (Skilled) subclass 457 visa holders who no longer meet the age requirement

Eligible legacy subclass 457 visa holders will be able to access an age exemption when applying through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa.

To be eligible for the age exemption legacy subclass 457 visa holders must:

  • have held a subclass 457 visa on or after 18 April 2017
  • have been in Australia between 1 February 2020 and 14 December 2021 for at least one year
  • meet all other nomination and visa requirements for the TRT stream of the ENS visa.

The age exemption will be accessible for two years from 1 July 2022.

Temporary Skill Shortage (TSS) subclass 482 (Short-term stream) visa holders who are unable to apply for a further TSS visa in Australia

Eligible former TSS visa holders, who have worked in Australia during the COVID-19 pandemic, will be also able to apply for a third short-term stream TSS visa while in Australia. This will assist prospective applicants to remain in Australia and meet nomination requirements for an ENS visa under the TRT stream.

To be eligible applicants must:

  • have held not more than two short-term stream TSS visas
  • have been in Australia between 1 February 2020 and 14 December 2021 for at least one year while holding a TSS (Short-term stream) visa
  • meet all other nomination and visa requirements for the TSS (Short-term stream) visa.

To apply for a TSS visa applicants must hold a substantive or bridging (A, B or C) visa at the time of application.

The third TSS visa will be accessible for one year from 1 July 2022.

ELIGIBILITY & CRITERIA:

The TSS 482 visa involves a three-step process:

Step 1: a sponsorship application by the employer is the permission required by any company before it can sponsor employees onto employer sponsored visas.  Foreign registered companies can apply for approval for an Overseas Business Sponsorship (OBS) in certain circumstances.

Generally speaking, the business must demonstrate that it is lawfully and actively operating, provide financial documents, and meet specified training benchmarks. Upon approval, this permission can be granted for up to five years.

Step 2: the nomination application requires the business to ‘nominate’ a position within their company, nominate an occupation on a specified list of occupations, provide guaranteed earnings in line with the Temporary Skilled Migration Income Threshold (TSMIT), and pay the nominee in line with Australian market rates.  Certain occupations may be required to demonstrate evidence of Labour Market Testing (LMT).

Step 3:  The visa application where the applicant must demonstrate that they meet the skills required for their occupation as well as positive health, identity, English and character requirements.

Short Term Stream

  • The nominated occupation must be on the Short-Term Skilled Occupations List (STSOL)
  • Applicants must show that they are Genuine Temporary Entrants
  • The visa is valid for up to 2 years (unless an International Trade Obligation applies)
  • The visa can only be renewed onshore once
  • No pathway for employer sponsored permanent residence (unless Grandfathering or Transitional provisions apply)

Medium Term Stream

  • The occupation must be on the Medium- and Long-Term Strategic Skills List (MLTSSL)
  • A higher English language requirement applies compared to the Short-Term Stream
  • The visa can be valid for up to 4 years
  • The visa can be renewed without limitation and applicants may be eligible for permanent employer sponsorship options

Labour Agreement Stream

This stream is for employers who have negotiated a labour agreement with the Australian Government which would indicate the criteria required for the roles.

 Requirements 

Visa Applicant requirements

  • Have at least 2 years of full-time, relevant work experience (or the experience required under a Labour Agreement)
  • Meet the ANZSCO requirements for the nominated occupation
  • Health character and English requirements
  • Adequate arrangements for health insurance
  • Mandatory licensing, registration or professional membership requirements where relevant

Employer (sponsor) requirements

  • Actively and lawfully operating in Australia or
  • Actively and lawfully operating overseas but requiring the visa applicant to establish an Australian business or fulfill contractual obligations

Position (nomination) requirements

  • A genuine, full time position
  • In the sponsor’s business (or that of an associated entity)
  • A salary in line with market rates
  • Subject to Labour Market Testing (LMT) (see here)
  • On the relevant occupation lists (see here)

Employer/Sponsorship Obligations

You have obligations as a sponsor. Some of your obligations apply beyond the term of sponsorship approval.

To retain or renew your standard business sponsorship, you must continue to meet your sponsor obligations.

To read up on all sponsorship obligations, click here

WHERE CAN I APPLY FROM:

You can be in or outside Australia​ when you lodge your application

CAN I INCLUDE FAMILY MEMBERs:

You can include:

  • the main applicant’s spouse or de facto partner
  • the main applicant’s child, or their partner’s child, who is not engaged, married or in a de facto relationship and is:
    • aged under 18 years, or
    • aged 18 to 23 years and dependent on the main applicant or the main applicant’s partner, or
    • aged 23 years or older and dependent on the main applicant or the main applicant’s partner due to a partial or total physical or mental disability
  • the dependent child of the child above

PATHWAYS TO PERMANENT RESIDENCY

For the 482 visa, there are pathways to permanent residency through the Subclass 186 visa after either (a) completing 3 years’ full time employment with the sponsor or (b) obtaining a positive skills assessment and providing evidence of 3 years’ work experience. Both ways require the employer’s support.

For the 494 visa, after 3 years’ full time employment the visa holder can apply for access to permanent residency through the Subclass 191 without employer support.

There are restrictions for 494 visa holders in applying for other permanent visas (such as the Subclass 820, 124, 132, 186, 188, 189, 190 and 858 visas) unless they have held the 494 visa for at least 3 years. However, there are no restrictions for 482 visa holders to access other permanent visas.