TEMPORARY SKILLED SHORTAGE VISA

The Temporary Skills Shortage (TSS) visa is is designed to assist Australian companies to fill current skilled staffing shortages in their business.

This is a temporary visa that permits the holder to work full time for their sponsoring employer in a nominated position.

The position to be filled must be an occupation on the Department of Home Affairs list of occupations eligible for this visa. There are three streams available in the visa subclass. The stream applied for will depend on if the occupation is on the Short-Term list or the Medium and Long-Term list.

1) Long Term Stream
A visa may be granted for up to 4 years. This is a renewable visa and offers a pathway to permanent residency. The occupation must be on the list of designated occupations available for long term sponsorship.

2) Short Term Stream
A visa may be granted for up to 2 years. This visa offers renewal only once if the need for ongoing sponsorship can be established. It does not offer a pathway to permanent residency. The occupation must be on the list of designated occupations available for short term sponsorship.

3) Labour Agreement Stream
This stream is available if there is a genuine need for the position and the occupation is not identified on the designated list of occupations eligible for the subclass 482 visa. The sponsoring company must have entered into an approved agreement with the Commonwealth to sponsor applicants under this stream.

Please book a consultation with Migration Services for further information regarding these streams.

There are three steps required for a TSS visa to be approved. This involves three separate applications. Two of these are the responsibility of the sponsoring employer, one of these is the responsibility of the visa applicant. Each application must be approved in order for the next step application to be approved. It is possible to lodge all three applications at the same time.

1) Standard Business Sponsorship (SBS)
The sponsoring business must become an approved Standard Business Sponsor. This requires a sponsorship application to be lodged. The basic requirements for a sponsorship to be approved require the sponsoring business to establish that they are lawfully operating a business with no adverse information against them.

If they have previously obtained approval as Standard Business Sponsor, they must evidence that they have continued to meet the sponsorship obligations in the most recent years of active sponsorship.

Once granted, the sponsorship is valid for a period of 5 years. This is renewable.

2) Nomination
The sponsoring company must lodge a nomination application for the applicant that identifies the position sought to be filled. There are several requirements to be filled in order to have the nomination approved.

Labour Market Testing
The position to be filled must have been recently advertised and attempts to fill this position must have been paid. Exemptions may apply.

Market Salary Rate
The employer must evidence that they will be paying their employee a salary that is commensurate with their skills and experience that is comparable to what an Australian citizen or permanent resident would be paid. The applicant must also be paid above the Temporary Skilled Migration Income Threshold (TSMIT) of $53,900.

Training Levy
There have been recent changes to the training requirement for employer sponsored visas. The training levy has now been changed to a payment into the Skilling Australians Fund (SAF). This will be known as the SAF levy. The SAF levy is required to be paid at the nomination stage and will be one of the following:

● Small Business – businesses with less than $10M annual turnover will be required to pay $1200 for each year of nomination.
● Large Business - businesses with more than $10M annual turnover will be required to pay $1800 for each year of nomination.

Genuine Position
The sponsoring company must evidence that there is a genuine need for the position to be filled. They are required to establish that the position has not been created for the purpose of sponsoring the foreign worker.

NOTE: Further requirements may be applicable depending on the occupation and stream. Please contact Migration Services for further assessment.

3) Visa Application
The visa applicant must be able to evidence that they hold the required skills, qualifications and experience required of the role they are nominated to fill. The applicant must be able to evidence a minimum of two years recent work experience in their occupation.

The applicant must evidence that the meet the English language requirement for their stream.
If a skills assessment is required, the applicant must have either lodged the assessment or had the assessment approved at the time the application is lodged.
It is possible to include your family members in this application. All applicants must be able to pass a health and character assessment. Adequate health insurance is required to be held for the duration of your stay.

Applicants nominated for an occupation under the short-term stream must be able to pass a Genuine Temporary Entrant test. This means that they must evidence that they are not using TSS sponsorship as a way to extend their stay in Australia.
All applicants will need to pass the health and character test.

NOTE: Further requirements may be applicable depending on the occupation and stream. Your previous Australian immigration history will need to be considered before applying for this visa. Please contact Migration Services for further assessment

Our Registered Migration Agents are happy to assist you with the preparation and lodgment of your TSS application. We will review your documents and ensure that you meet the eligibility requirements before applying.

Please contact us to book an appointment for further information and assessment of your eligibility.