The TSS – Subclass 482 visa is designed to enable employers to address labour shortages by bringing in genuinely skilled overseas workers where they cannot source an appropriately skilled Australian worker. It facilitates targeted use of overseas workers to address temporary skill shortages, while ensuring that Australian workers get priority.
IMPORTANT NOTE : The position should have been created to address a temporary skill shortage and not to secure the entry or stay of the visa applicant.
There are 3 streams available under this visa program :
- Short-Term Stream : This stream is for employers to source highly skilled overseas workers to fill short-term positions in a range of occupations for a maximum of 2 years (or 4 years if an International Trade Obligation (ITO) applies.
- Medium-Term Stream : This stream is for employers to source highly skilled overseas workers to fill medium-term critical skills needs for up to 4 years, with eligibility to apply for PR after 3 years.
- Labour Agreement Stream : This stream is utilized when an employer has executed a labour agreement with the Commonwealth to source skilled overseas workers, where there is a demonstrated need that cannot be met in the Australian labour market, and the standard TSS visa program is not available.
The 3 stages involved under this visa program are as follows :
- Sponsorship or Labour Agreement : An employer applies for approval as a sponsor.
- Nomination : Upon receiving approval to act as a sponsor, the employer nominates an occupation for a prospective TSS visa applicant or existing TSS visa holder.
- Visa Application : The TSS visa applicant applies for a TSS visa.
Some common criteria to be satisfied by TSS Visa Applicants :
- You must be nominated by an approved sponsor to be granted this visa
- Your sponsor must either be a “Standard Business Sponsor” or someone who has a “Labour Agreement” with the Commonwealth
- You can only work for your sponsor who has nominated you
- You can only work in the nominated occupation, which is on a relevant skill occupation list or incorporated in a labour agreement
- You must have the skills to do the job & relevant work experience
- If required, you must undergo a “skills assessment” from a relevant skill assessment authority. The objective of the Skills Assessment is to determine whether an applicant is able to work in Australia at the required skill level for the nominated occupation
- You must meet relevant English Language requirements
- You & your family members must meet health & character requirements
- You & your family members must have adequate health insurance for the duration of your stay in Australia
Rights of TSS visa holders :
- They can work for their approved sponsor, who has nominated them, in their nominated occupation.
- They can bring any eligible dependants with them to Australia. Eligible dependants can work & study.
- They can stay in Australia for a period between 2 – 4 years, depending on the stream under which their visa has been granted.
- They can travel to & from Australia as many times as they want while their visa is valid.
- They are afforded the same workplace rights as Australian workers.
- To stay longer, they may be eligible to apply for a PR visa under the employer sponsored category or for a skilled work visa.
Australian migration law is constantly in a state of change. To know if you are eligible to apply and, if so, how to apply in conformity with current relevant laws, contact our registered Australian migration expert who will ensure that you succeed in your migration goals.