TSS SKILLED VISA | AUSTRALIA
The NEW TSS subclass 482 work visa came into effect in March 2018, when finally The Temporary Skills Shortage Visa Subclass 482 was officially launched. This is a welcome replacement for the subclass 457 visa and brings with it some important changes. These changes promotes the need to employ local labour but when this is not possible businesses may employ skilled workers from overseas.
What Is TSS Visa?
The TSS visa program is designed to assist Australian businesses experiencing genuine skill shortages. The TSS visa will permit suitable, genuine skilled workers to fill positions in Australia that cannot be filled from the local labour force. This is a temporary visa which permits the holder to work & live in Australia. The skilled worker may be employed full-time for the sponsoring employer, in the nominated position. Dependent family members including your partner may be included in the TSS (sc482) visa application.
The TSS Visa has 2 main streams, Short Term Stream (STSOL) and the Medium Term Stream (MLTSSL). The applicant may be in or outside Australia. The TSS Short-Term stream visa may be granted for up to two years while the TSS Medium-Term stream visa may be granted for up to 4 year duration.
Can we Help You?
At Visa Crew, our Business 2 Business specialist is ready to discuss the skilled visa process and guide you through each stage. We understand you are busy and probably do not need the extra workload. Let our dedicated business team take on the complexities of the process and liaise wth you as we progress through the each step together. We offer real solutions and assistance form day one up until the decision.
STSOL
Short Term Stream
Short Term Stream Visa | Subclass 482
TSS Short-Term stream is designed for Australian businesses to fill skilled gaps with skilled workers from overseas on a temporary basis, where a suitably skilled Australian worker cannot be sourced. The positions eligible on the Short-Term TSS visa stream is listed on the Short-Term Skilled TSS Occupations List. This is a two-year visa with the possibility of one renewal whilst the applicant is onshore. Basically, the applicant may remain in Australia for a maximum of four years. There is no pathway to permanent residency on this short term visa. The applicant may use the two or four years work experience for other visa applications.
Short Term Visa | Sponsoring Employer
The employer must be an approved Standard Business Sponsor in order to employ a skilled worker on TSS visa. To obtain a Standard Business Sponsorship agreement, the business must demonstrate lawful and active operation in Australia. This includes compliance with workplace and other Australian laws.
TSS Short Term Stream | Features & Requirements
• Live and work in Australia
• Dependent children may be included
• TSS visa valid for two years
• May be renewed once (max 4 year stay)
• Bridging visa to remain in Australia
• No Age limit
TSS Criteria Includes:
• Business Sponsorship & Nomination
• English Requirement - 4.5 minimum
• Meet ANZSCO Classification requirements
• Police Clearance Criteria
• Health Requirements
• Occupation - TSS Skills List (STSOL)
• Occupation Caveats May Apply
• Two Years Prior Work Experience
• Labour Market Testing (LMT)
• Minimum Salary - $53900 - TSMIT
• Skills Assessment (Some Occupations)
• Genuine Temporary Entrant (GTE)
• Skills Australian Fund (SAF) Levy
MLTSSL
Medium Term Stream
Medium Term Stream Visa | Subclass 482
TSS Medium-Term stream is designed for Australian businesses to fill skilled gaps with skilled workers from overseas on a temporary basis, where a suitably skilled Australian worker cannot be sourced. The positions eligible on the Medium-Term TSS visa stream is listed on the Medium-Term Skilled Occupations List. There is no age limit and no restrictions for onshore applications. Pathway is available for holders of the medium term visa to obtain Permanent Residency in Australia.
Medium Term Visa | Sponsoring Employer
The employer should be an approved Standard Business Sponsor in order to employ a skilled worker on TSS visa. To obtain a Standard Business Sponsorship agreement, the business must demonstrate lawful and active operation in Australia. This includes compliance with workplace and other Australian laws.
TSS Medium Term Stream | Features & Requirements
• Live and work in Australia
• Dependent children may be included
• TSS visa valid for up to four years
• Visa may may be renewed (unlimited)
• Bridging visa to remain in Australia
• No Age limit
TSS Criteria Includes:
• Business Sponsorship & Nomination
• English Requirement - 5 minimum
• Meet ANZSCO Classification requirements
• Police Clearance Criteria
• Health Requirements
• Occupation - TSS Skills List (MLTSSL)
• Occupation Caveats May Apply
• Two Years Prior Work Experience
• Labour Market Testing (LMT)
• Minimum Salary - $53900 - TSMIT
• Skills Assessment (Some Occupations)
• Pathway To Permanent Residency (3 years)
• Skills Australian Fund (SAF) Levy
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TSS Visa | 3 Step Process
The TSS visa program is designed as a three stage process; each stage is an application to the department for approval. Each step has various elements or criteria which need to be addressed to achieve a favourable outcome.
TSS Visa | Standard Business Sponsorship
Step one involves the employer. At this stage the department will be keen to establish whether the business:
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Is a lawful business?
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Is operating/trading as a lawful business?
When sponsorship approval is decided the employer will become a 'Standard Business Sponsor (SBS). Under revised rules the business is permitted to employ overseas workers for a period of 5 years.
TSS Visa | Nomination
Step 2 - The Standard Business Sponsor should now establish the business has tried unsuccessfully to hire from the local labour force. This is known as 'Labour Market testing'. Evidence of local recruitment advertising is required. In addition the employer must meet minimum salary rates (TSMIT). The new Skilled Australian Fund (SAF) levy is also payable at this Nomination stage.
The applicant will be nominated by the employer at this point of the application process.
TSS Visa | Visa Application
Step 3 - It is now time for the TSS visa applicant to evidence their qualifications and suitability for the nominated position. The nominee must demonstrate they meet the requisite skill level for their occupation.
Health, Character and English language criteria should also be met. There is no age limit for this 482 visa. The visa may be renewed with any employer provided the employer is approved as an SBS.
SKILLING AUSTRALIANS FUND
SAF | Levy
The Australian Government has introduced legislation to implement the Skilling Australians Fund (SAF) levy for new skilled visa applicants. The idea is to raise additional funds for training apprentices etc throughout Australia and evidently to replace the existing Training Benchmarks Requirement.
Skilling Australians Fund (SAF) levy is payable by the employer at Nomination stage of the visa application process and, in most cases is non-refundable!! The levy is payable for all visas in the Australian General Skilled Migration Program (GSM) including temporary and permanent visas. The levy was devised and introduced to coincide with the introduction of The Temporary Skill Shortage Visa (TSS). SAF levy is payable for both streams of this visa subclass (482) and must be paid upfront regardless of whether the visa is for 2 years or 4 years duration. Cost of the levy will correspond to the proposed employment period sought. The levy must be paid by the Nominator - it is prohibited to pass this cost onto the overseas worker. Employer SAF Levy is payable under the following visa subclasses:
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Temporary Skill Shortage (TSS) subclass 482 visa
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Employer Nomination Scheme (ENS) subclass 186 visa
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Regional Sponsored Migration Scheme (RSMS) subclass 187 visa
COVID UPDATE:
Visa Crew continues to prepare and submit TSS visa applications for our clients during the COVID difficulties. Call our business team today and find out how we can help your business: Tel: 0455295988
TSS Visa | FAQ
Below is a selection of our most frequently asked questions about the TSS 482 Skilled Visas. The topics and answers are general in nature and should not be regarded as specific to your circumstances; always speak with a professional, Registered Immigration Consultant to find answers to specific queries.
Contact Visa Crew, we are licensed and qualified to assist you: EMAIL
LABOUR MARKET TESTING
Nomination | LMT
When nominating an employee for any of the TSS visa streams, a business must demonstrate that they have firstly tested the local labour market. Labour Market Testing (LMT) should be conducted by the business in an attempt to survey local skilled applicants for the nominated position. Evidence should to be supplied as part of the application to ensure the employer 'selects' the appropriate candidate for the advertised role.
Three advertisements should be placed within the previous 4 months for a minimum period of 28 days. One of the three advertisements must be placed with JobActive.
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Vacancy must be advertised on the JobActive website
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Vacancy must be advertised with at least two other mediums for the purposes of meeting Labour Market Testing requirements.
To clarify, the employer must advertise the vacancy on a total of three mediums one of which should include the Australian Governments JobActive site. There is no charge to advertise on JobActive.
Remember if the LMT is not carried out as per the Department of Home Affairs guidelines the SAF levy will be forfeited and the Nomination will be refused. Employers are encouraged to seek professional advice from a Registered Migration Agent to ensure the all important LMT provisions are met.
LET US HELP YOU, TOO
Each day, business turn to Visa Crew for expert advice and knowledge to help them through the skilled visa application process. All immigration advice you receive from Visa Crew is provided by Registered Immigration Agents. When you appoint us to manage your TSS visa application, like other people, you have chosen to be represented by a team of experts who can deliver our promise!
When You Need A Reliable Solution, Contact Our Qualified Business To Business Team For Up To Date Advice.
