From March 2018, the Australian Government introduced a new work visa in replacement of the 457 visa – the Subclass 482 Temporary Skill Shortage (TSS) visa.

The TSS visa is a temporary visa which permits the holder to live in Australia, while working full-time for the sponsoring employer, in the nominated position. Applicants for a TSS visa may include dependent family members in their application.

The TSS Visa has two streams:

  1.  Short-Term Skilled Occupations List (STSOL) – is valid for two years. It can be renewed onshore once, for a further two years, but no pathway for Australian permanent residency. This will be assessed every six months and occupations may be added or removed.
  2. Medium-Term Skilled Occupations List (MLTSSL) – is granted for four years. There is also the capacity for onshore visa renewals as long as the occupation is still on the list and a pathway to Australian permanent residency after three years.

Click below to view STSOL and MLTSSL.  

TSS Visa Requirements:

  • Occupation
    The nominated position must be listed on the Combined List of Eligible Skilled Occupations. Both the position description and the TSS visa applicant’s employment and education history must reflect the description provided by ANZSCO.
  • Skills Assessment
    The applicant must have the skills, qualifications and work experience required for the nominated position. If applicants are not from an exempt country, they will also need to meet English language requirements.
  • Other Information
    Health and character criteria will also need to be met. Police clearance certificates are required for every country in which the applicant has lived for 12 months or more since turning 16 years of age, within the last ten years.

TSS Visa Application Process:

  1. Standard business sponsorship
    A business must become approved as a Standard Business Sponsor in order to employ a TSS visa holder. To obtain a Standard Business Sponsorship agreement, the business must demonstrate lawful and active operation in Australia. This includes identifying the correct ABN to apply under, registering the business name, supplying Business Activity Statements (BAS) and financial statements, as well as showing a commitment to training Australian citizens and permanent residents and compliance with workplace and other Australian laws.
  1. Nomination
    Following the SBS application, an employer must nominate a position within their business as one which must be filled by an overseas citizen. As part of this step, there are various requirements to be met:

–          Labour Market Testing
in order to nominate an employee for a TSS visa, a business must demonstrate that they have a genuine need to do so. This is partly met by providing evidence that the business has conducted labour market testing in the 12 months prior to making a nomination application.

–          Salary Level
The salary for the nominated position must meet two requirements. Firstly, the salary for the nominated position must be above the Temporary Skilled Migration Income Threshold (TSMIT). This threshold is set by Department of Home Affairs (formerly DIBP) each year and is currently $53,900 plus superannuation. Secondly, the proposed salary must be within the market rate for the role to ensures that the applicant will be paid in line with Australian employees in comparable roles.

Note: Some occupations will be subject to DIBP caveats that set a minimum remuneration level that is above TSMIT.

–          Training Levy
The introduction of the TSS visa brings with it a new Skilling Australians Fund (SAF) levy to be paid at nomination stage.

The amounts payable per applicant are set out as follows:

o   The charge will be calculated according to the number of years for which the visa is required, as set out in the nomination, and will be payable in full at this time.

o   A small business (Turnover less than $10M) will pay $1,200 per nomination per year for a TSS visa. A large business will pay $1,800 per nominee per year.

o   If the employee is applying for a four year visa, this will require the four annual payments to be made at the time of application

  1. Visa Application
    Step three of the process is the visa application itself, at which time the nominee must demonstrate that they meet the requisite skill level for their occupation, as well as health and character requirements.