nities is the Temporary Skill Shortage Visa (TSS Visa), which enables skilled workers to live and work in Australia for up to four years. But understanding the TSS visa application process can be daunting, especially if you’re unfamiliar with Australia’s complex visa system.
In this guide, we’ll break down everything you need to know about the TSS Visa, from eligibility requirements to application procedures and beyond. Whether you’re a business looking to sponsor overseas talent or a skilled worker hoping to make a new life in Australia, our guide will provide the information you need to succeed.
What Are the Eligibility Requirements for TSS (Subclass 482) Visa?
The TSS visa, also known as the subclass 482 visa, allows skilled workers to come to Australia to work for a sponsoring employer. The eligibility requirements for this visa can vary depending on the stream of the visa you apply for, which are the short-term stream and medium-term stream. The eligibility requirements and duration of the visa can also depend on whether the occupation is on the Short-Term Skilled Occupation List (STSOL) or the Medium and Long-Term Strategic Skills List (MLTSSL).
In general, to be eligible for the TSS visa, you are required to meet the following conditions:
- Have a skilled position nomination from a sponsor who is approved by the Australian government
- Possess the necessary skills and qualifications to perform the nominated job
- Satisfy the prescribed English language proficiency requirements for the nominated occupation.
You can find more details about the TSS visa here. If you’re unsure about whether you meet the eligibility requirements for the TSS visa, it’s recommended that you speak to an immigration lawyer in Australia who can provide you with more detailed advice.
What Are The TSS Visa Options And Duration?
The TSS visa is available in two main streams: the short-term stream and the medium-term stream. The stream that you apply for will depend on the length of your employment contract, the skill level of your occupation and whether your occupation is on the Short-Term Skilled Occupation List (STSOL) or the Medium and Long-Term Strategic Skills List (MLTSSL).
Short-Term Stream
The short-term stream is available for skilled workers who are sponsored for a maximum of two years. The short-term stream is appropriate for occupations listed on the STSOL and is renewable once, allowing a maximum stay of four years in Australia. The short-term stream is also suitable for businesses that need to bring in overseas workers for short-term projects or to meet labour shortages. For more details about this stream, click here.
Medium-Term Stream
Skilled workers who are sponsored for a duration of up to four years are eligible for the medium-term stream of the TSS visa. This stream is designed for occupations listed on the Medium and Long-Term Strategic Skills List (MLTSSL) and provides visa holders with the opportunity to apply for permanent residency after working for three years in Australia.
The medium-term stream is ideal for individuals who want to settle in Australia for a more extended period and for businesses that require a skilled worker for a longer duration or for those who wish to transition from temporary to permanent residency in Australia. For more details about this stream, click here.
In addition to the short and medium-term stream, there is also the labour agreement stream and the subsequent entrant.
The labour agreement stream is a pathway for employers who have a labour agreement with the Australian Government to sponsor overseas workers for a TSS visa. It allows employers to sponsor workers who may not meet the requirements of the other TSS visa streams, such as the English language or skill level requirements. However, applicants for this stream still need to meet the specific requirements of the labour agreement and the TSS visa program.
On the other hand, a subsequent entrant is a family member of the primary TSS visa holder who is granted a TSS visa to enter and remain in Australia. This can be the spouse or de facto partner, dependent child or step-child of the primary visa holder. The subsequent entrant must be sponsored by the same employer who sponsored the primary visa holder. They must also meet certain eligibility criteria, including health and character requirements, and in some cases, English language proficiency.
Notably, the duration of the TSS visa can vary depending on the individual circumstances of each case, including the occupation, the sponsoring employer and the requirements of the Australian government. If you have questions about which stream is appropriate for your situation or how long you can stay on a TSS visa, consider consulting with a qualified immigration lawyer.
What Are the Steps for a TSS Visa Application?
Once you have determined your eligibility and which stream of the TSS visa is appropriate for your situation, you can start the application process. The TSS visa application process involves the following steps:
- Find an approved sponsor who is willing to nominate you for a skilled position.
- Obtain your skills assessment and ensure you meet the relevant English language requirements.
- Gather all the necessary documents, including identity and qualification certificates, police clearance certificates and employment contracts.
- Submit your visa application and pay the required fees.
- Attend any required interviews or provide additional information or documentation as requested by the Department of Home Affairs.
What Are the Employer Requirements for TSS Visa Nomination?
Employer sponsorship is a key requirement for the TSS visa under Australian immigration law. In order to apply for the TSS visa, an employer must first become an approved Standard Business Sponsor by submitting an application to the Australian Government. An immigration lawyer can assist with this process and ensure that the employer meets certain criteria, including demonstrating that they have a good business record and a commitment to training Australian workers.
Once approved, the employer can nominate eligible overseas workers for the TSS visa, subject to additional requirements under immigration law. The employer nomination process involves identifying the position to be filled and demonstrating that there is a genuine need for the position to be filled by an overseas worker. An immigration lawyer can also provide guidance on meeting the requirements for the nominated position, such as skill level and market salary rate, as well as ensuring that the nominated occupation is on the relevant list of eligible skilled occupations.
Once the TSS visa is granted, the employer has certain obligations and responsibilities under Australian immigration law. These include ensuring that the nominated position is still required and that the visa holder is paid the agreed salary and benefits. The employer must also comply with Australian workplace laws and provide a safe working environment for the visa holder. An immigration lawyer can provide ongoing support to the employer in meeting these obligations and avoiding any potential sanctions or penalties for non-compliance.
How Madison Marcus Can Help You
When navigating the TSS visa application process, it’s important to seek the guidance of experienced immigration lawyers. At Madison Marcus, our immigration lawyers in Sydney have more than 40 years of collective experience in migration law and have helped countless individuals and businesses with their immigration needs.
Our team can provide assistance with the TSS visa application process, including employer sponsorship requirements, eligibility criteria, document preparation and more. We can also advise on other immigration matters, such as permanent residency, citizenship and other visa options.
For all enquiries, contact us here.
