At J Kis Migration, we offer complimentary Temporary Skill Shortage (TSS) Visa (subclass 482) candidate eligibility assessment to employers, along with a free initial assessment for individuals. Once eligibility and application strategy are determined, we provide full application assistance to both employers and individuals. Costs associated with this process are fixed (not hourly rate) with ad hoc advice being provided at no extra charge.
The TSS visa allows employers to sponsor overseas workers to live and work in Australia on a temporary basis (from one to four years – depending on the nominated occupation, the visa stream selected and your circumstances). The TSS visa is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local Australian labour market.
TSS visa holders can work in Australia in their nominated occupation for their approved sponsor under one of three streams:
- the Short-Term stream
- the Medium-Term stream
- the Labour Agreement stream
- This stream is available to applicants who nominate an occupation on the Short-term Skilled Occupation list (STSOL) for a TSS visa – see lists of eligible skilled occupations. It can be used to fill positions for a maximum of:
- two years or
- four years if an International Trade Obligation (ITO) applies.
- This stream is available to applicants for up to four years who nominate an occupation on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) for a TSS visa see lists of eligible skilled occupations.
Labour Agreement stream:
- This stream is available if your employer wishes to sponsor you (as an overseas worker) and has entered into a labour agreement with the Department of Home Affairs.
There is often concern and confusion about TSS visa costs for employers. We can help you understand your associated government fee requirements based on your circumstances. Book a consultation with us to have your questions answered by us at no obligation.
The basic criteria are set out below:
The business must:
- be actively and lawfully operating in Australia, and meet the required benchmarks for training its Australian employees (or, if it is less than 12 months old, have a plan to meet those benchmarks) (a Skilling Australia Fund (SAF) contribution will be introduced in May rendering the training benchmark requirements obsolete
- be actively and lawfully operating overseas (not in Australia), and be bringing you to Australia either to establish a business operation, or to fulfill contractual obligations
NOTE: To meet the required training benchmarks, during the 12 months before lodging the application (or alternatively, during the most recent financial year) the business must have spent the equivalent of at least 1% of its payroll on training its Australian employees OR contributed the equivalent of at least 2% of its payroll to an industry training fund. As noted above, a SAF contribution will soon replace the training requirements.
The position to be filled must:
- be a genuine position within the business
- be included
- as an eligible occupation on the current Medium and Long-term Strategic Skills List (MLTSSL), which allows for a four-year term of employment OR
- on the Short-term Skilled Occupation List (STSOL), which allows for a two-yearterm of employment
NOTE: certain occupations on these lists will be subject to additional requirements (e.g. work experience, regional location, type of business operated by sponsor). Please contact us for further details based on your particular circumstances.
- have a base salary of more than the current temporary skilled migration income threshold (currently set at $53,900 per year
- be subject to terms and conditions of employment (which includes the wage/salary) that are no less favourable than those provided to Australians working in the same occupation for the business (or in the same local area, if there are no equivalent positions with the business)
A visa applicant must (unless a specific exemption applies in any case):
- have the required level of English proficiency
- have skills (qualifications and/or work experience) that match those required for the nominated position. Depending upon your circumstances, the applicant may also be required to undertake a qualification and/or skills assessment to determine eligibility
- meet any mandatory licensing, registration or professional membership requirements
- have made adequate arrangements for health insurance during their stay in Australia
- meet health and character requirements
After being employed in the nominated occupation (MLTSSL occupations only) for the nominating employer for at least 3 years whilst holding a TSS visa, applicants may be eligible for employer nominated permanent residence. Note that transitional arrangements apply to existing 457 visa holders who held their 457 visa on or before 18 April 2017 so the above restrictions do not apply to this cohort.
If you would like us to assist you with your TSS visa application, or determine your eligibility for another work visa, please contact us