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
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May I Include Family Members In My Skilled Visa Application?Yes, you may inclue family members. Your spouse/partner and children may be included in a skilled visa application. Your family members will enjoy unrestricted work and study rights for the duration of the visa grant period.
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Do I Need to Have A Skills Assessment?Depending upon a number of factors and visa subclass. As a Carpenter you may require a valid skills Assessment. This requirement may be influenced by your country of passport, or if you are making an application for PR visa.
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What Is PMSOL Occupation List?The Priority Migration Skilled Occupation List (PMSOL) identifies occupations which fill critical skills needs to support Australia's economic recovery from COVID-19. The list is temporary and priority occupations may change over time as Australia recovers from the pandemic.
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Is The 482 Visa On PMSOL LIst?Well Yes, kinda. If your occupation is included on the PMSOL list it must also be relevant to the following Visa Subclasses: 482, 494, 186 & 187. Priority processing of nomination and visa applications for PMSOL occupations applies to the above employer sponsored visa subclasses.
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How Can I Tell If My Occupation Is On The Skills List?Occupations list varies depending upon Government policy; occupations may be removed or included from time to time. Carpenters are currently in demand and therefoe this occupation is on the important skilled occupation list: MLTSSL
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Can I Get My Current Employer To Sponsor Me?As part of the requirements your employer should be an Approved Standrad Business Sponsor. Not every employer is eligible to sponsor non-Ausralian workers. A separate sponsorship application is required to ensure the employer is approved.
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May I Include Family Members In My 482 Visa Application?Yes, you may inclue family members. Your spouse/partner and children may be included in a TSS visa application. Your family members will enjoy unrestricted work and study rights for the duration of the 482 visa grant period.
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I Am Over 50 Years Of Age. May I Apply For the 482 Visa?Yes, the good news is that there is no age restriction for this visa type; all age groups may apply.
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Do I Need to Have A Skills Assessment?Some occupations do require a valid skills Assessment, this is also influenced by your country of passport.
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I Have A 457 Visa, Can I Renew This?"The 457 visa was replaced in March 2018 with the TSS 482 visa; it is not possible to make an application for a 457 skilled visa.
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How Can I Tell If My Occupation Is On The Skills List?The Occupations list varies depending upon Government policy; occupations may be removed or included from time to time. There are several lists applicable to the 482 visa dependent upon the stream (STSOL or MLTSSL). List of occupations available at this LINK
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I Hold A 485 Visa, Can I Apply For The 482 Visa?"When you meet the eligibility criteria thn yes, you may transition from the Graduate visa to the 482 skilled visa. You should of course meet the eligibility criteria.
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Carpenter PR Points In Australia?Minimum points required is 65. The higher your points score the better your chance of an invitation.
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Can I Get My Current Employer To Sponsor Me?As part of the requirements your employer should be an Approved Standrad Business Sponsor. Not every employer is eligible to sponsor non-Ausralian workers. A separate sponsorship application is required to ensure the employer is approved.
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How Long Does The 482 Visa Last?Depending upon the stream the visa may last from one day, up to 4 years. Those eligible under STSOL stream may appliy for maximun term of 2 years. Those eligible under MLTSSL stream may apply for maximun term of 4 years.
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Will I Get PR Under 482 Visa?Permanent Residence (PR) is only available under the MLTSSL stream; you should be with your employer for a minimum of three years to become eligible. TSS visa holders have a clear pathway to Permanent Residency through the Employer Sponsored Temporary Transition Stream. Your occupation is on the Medium Term list. You have been employed for the same employer for 3 years on your TSS visa. You have worked in the same occupation for 3 years on the TSS visa. There is NO pathway to PR on the STSOL visa straem.
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Can the TSS Visa Be Extended?Yes, the TSS 482 visa may be extended or renewed. If your visa is on the STSOL list, then the visa holder can re-apply for another two year TSS visa. For those with occupations on the MLTSSL, the visa holder can renew the TSS visa for a further 4 years.
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Can I Change Employer On The 482 Visa?Yes, you may move to a new employer while you hold the 482 visa. The new employer will need to submit a Nomination to approve the transfer; usually the process is reasonably straight forward. Do not move to the new employer until the Nomination has been approved by the Dept.
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What Are The Requirements or Checklist For The 482 Visa?The following checklistprovides a basic overview of what documents are needed to apply for the Temporary Skill Shortage Visa (TSS) subclass 482. This checklist is not based on your specific situation. Approved Nomination By Your Employer/Sponsor 482 Visa Application Online Form Proof of identity (Passport, National ID, Birth Cert etc.) Skill Assessment Report - Current Results of English Language Test Evidence of Related Skilled Employment Evidence of Your Educational Qualification Employment Experience Certificate Documents regarding your Relationship Status Character Certificate Issued by National Police Health Assessments Report Evidemce Of Health Insurance This condensed 482 visa checklist provides a basic outline of the requirements. For your convenience the team at Visa Crew will issue a full skilled visa customised checklist for you to follow. Call Now: 0455 295 988
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What Is Labour Market Testing?Basically the employer is testing the local Australian market to find a suitable worker to fill an available position within the business. This ensures the employer has taken the right decision when deciding to hire an overseas worker.
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What Is LMT Process?Labour Market Testing or LMT, involves advertising the nominated position in Australia. LMT is required for Subclass 482 Skill Shortage visa. Minimum of three advertisements should be posted for 28 days or longer.
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.
