Temporary Skilled Shortage (482)
March 2018, a new skilled working visa was introduced instead of the 457 visa by the Australian Government – the Subclass 482 Temporary Skill Shortage (TSS) visa.
What can you do with this visa?
The holder of the temporary TSS visa may live and work full-time in the nominated position for the sponsoring employer in Australia. You may also include dependent family members in your application when applying for visa.
Who can apply for the TSS visa?
There is a short-term stream and a medium-term stream of TSS visa. If your occupation is included into Short-Term Skilled Occupations List (STSOL) you may apply for visas of up to two years (which you may further to renew for another two years), and if your occupation is on the Medium and Long-Term Strategic Skills List (MLTSSL), you may apply for up to four years, and after three years you may receive the permanent residency.
How do I qualify for a TSS Visa?
Occupation of the applicant
The Combined List of Eligible Skilled Occupations consists of occupations that are in demand among employers. In order to verify the accordance of the proposed nominated occupation to the duties of the position, the Department of Home Affairs (formerly DIBP) uses the Australian New Zealand Standard Classification of Occupations (ANZSCO).
The description provided by ANZSCO provides the information on the TSS visa applicant’s employment as well as his education history.
Skills of the applicant
It is mandatory that the applicant has the skills which required for the position. Skills may vary in accordance to the occupation considered, so the applicant should have at least two years’ work experience at the relevant position. Home Affairs case officers performs verification of the TSS visa applicant’s skills and qualifications against the nominated position, they also makes cross-reference of the position description supplied by the employer with the work references of the visa applicant.
Those applicants who are not from an exempt country (UK, USA, Canada, NZ or Ireland), should also meet English language requirements when applying.
Also health and character criteria will be evaluated. The applicant should provide the police clearance certificates from every country in which he has lived for 12 months or more since 16 years of age, within the last ten years.
How do I apply for a TSS visa?
There are three steps to the application process.
1 – Standard business sponsorship
To employ a TSS visa holder, a business must be included in a Standard Business Sponsor list. The business must perform lawful and active operation in Australia to receive a Standard Business Sponsorship agreement. The business should have the correct ABN to apply under, to register the business name, provide both Business Activity Statements (BAS) and financial statements; it also should provide Australian citizens and permanent residents with training and comply with workplace and other Australian laws.
2 – Nomination
After applying to SBS, an employer must nominate that this position must be filled by an international citizen. This also has some requirements to be met:
Labour Market Testing
A business should test the labour market and demonstrate this in order to nominate an employee for a TSS visa. A business should demonstrate that there were no a good candidate fit to the proposed position on the labour market. As part of the application it also should provide evidences with very specific evidentiary requirements. Usually, such evidence is two advertisements placed within the last six months for a minimum period of 21 days, however at some cases this would not be enough and another evidence should be provided. Sometimes there could be some exemptions to this requirement. In order to check whether the labour market testing provisions are met employers may use professional advice.
There are two requirements to salary for the nominated position. The salary should be above the Temporary Skilled Migration Income Threshold (TSMIT) which is set by DIBP annually. Currently its threshold is $53,900 plus superannuation. Also the proposed salary must be within the market rate for the position. So the applicant’s salary would stay in line with those of Australian employees in corresponding positions.
Note: A minimum remuneration level might be above TSMIT for some occupations as a subject to caveats.
A new Skilling Australians Fund (SAF) levy should be paid at stage of the TSS visa nomination. Thanks to this, the appointment of employees will be significantly more expensive for business.
The following amounts must be paid for each applicant:
- As indicated in the nomination, the fee will correspond to the number of years for which a visa will be issued and will be paid in full at that time;
- For a small business with a turnover of less than $10M this would be $1,200 per nomination per year for a TSS visa. And a large business will pay $1,800 for each candidate a year;
- When the applicant is submitting an application for a four-year visa, it will be necessary to pay four annual payments. (For example, if an employee receives a four-year visa, a large business must pay $7,200 when nomination is granted.);
3 – Visa application
At the third stage, the applicant applies for a visa, while he must demonstrate an appropriate level of qualification for his profession, and also meet health and character requirements.