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Temporary Skill Shortage visa (subclass 482) - AINiT Consultancy Services

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Features

This visa, referred to as the TSS visa, enables employers to address labour shortages by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian. It facilitates targeted use of overseas workers to address temporary skill shortages, while ensuring that Australian workers get priority. 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.

Eligibility

You must have the skills to fill a position nominated by an approved business for an approved occupation.

Length of stay

One to four years – depending on your nominated occupation, the visa stream and your circumstances

Cost

From AUD 1,150

For broader information on Australia’s skilled visa programs, recent changes to these programs and the reasons for the introduction of the TSS visa – see Australia’s skilled visas.

The streams

Short-term stream

This stream is available if your employer wishes to sponsor you (as an overseas skilled worker) on a temporary basis only in occupations listed 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.

Medium-term stream

This stream is available if your employer wishes to sponsor you (as an overseas skilled worker) for periods of up to four years in occupations listed 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. See labour agreements.

Eligibility- All streams
Who could get this visa

You might be able to get this visa, as an overseas worker, if you:

  • have been nominated for a position by an approved sponsor and that nomination has been approved – see Sponsors
  • meet any required skills and qualifications requirements including completing any skills assessments required
  • meet English language requirements
  • if in Australia, hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa
  • have substantially complied with any conditions that apply or applied to your last visa
  • meet health and character requirements
  • meet the requirements of the stream in which you apply.

Approved sponsor

Before you can apply for a TSS visa, your proposed employer will need to lodge a nomination application for you. They will only be able to do this if they are an approved sponsor or have at least lodged an application to become a standard business sponsor. Further information below is provided for employers on the sponsorship and nomination processes – see Sponsors.

Age

There is no age requirement for this visa.

English language

You must provide evidence that you meet the English language requirements.

Skills, qualifications and experience

You must provide evidence that you have the necessary skills, qualifications and employment background to perform the nominated occupation. See Skills, qualifications and employment background.

Health

You must meet the health requirement. The results of your health examinations are generally valid for 12 months. This applies to all members of your family unit included in your application.

Important: You should organise your health examinations upfront before lodging a visa application to reduce processing times.

Character

You must meet certain character requirements. You must provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. This applies to you and all members of your family unit listed in your application.

Important: if you are sponsored by an accredited sponsor, you arenot required to obtain police certificates from countries other than Australia provided you attach a reference from your accredited sponsor confirming that you are of good character and that you have not been convicted of any criminal offences. You must still, however, provide any required Australian police clearances where applicable or when requested to do so.

Additional eligibility

Short-term stream

You might be able to get a visa under this stream if, in addition to the above general requirements, you:

  • have worked in your nominated occupation, or a related field, for at least two years
  • are a genuine applicant for entry and stay as a short term visa holder (known as a ‘Genuine Temporary Entrant’ (GTE))
  • will be working directly for your sponsor or for an associated entity of your sponsor, unless the nominated occupation is exempt from this requirement – see TSS legislative instruments.

Medium-term stream
You might be able to get a visa under this stream if, in addition to the above general requirements, you:

  • have worked in your nominated occupation, or a related field, for at least two years

will be working directly for your sponsor or for an associated entity of your sponsor, unless the nominated occupation is exempt from this requirement – see TSS legislative instruments.

Labour agreement stream

You might be able to get a visa under this stream if, in addition to the above general requirements, you:

  • are nominated in an occupation included in a labour agreement which your employer has entered into with the Department
  • have worked in your nominated occupation, or a related field, for at least two years (unless this is not required under the labour agreement).

The visa

About the visa

The TSS visa is for skilled workers who want to work in Australia temporarily. This visa involves a three-step process:

Step 1: a sponsorship application by the employer
Step 2: a nomination application for a skilled position by the employer
Step 3: a visa application by the proposed employee

The three steps above must be completed in order. You do not, however, have to wait for each application to be approved to move onto the next step.

What you can do
This visa allows you to travel to and from Australia for the duration of your visa and:

  • if you are the primary visa holder, to work in Australia for an approved sponsor in your nominated occupation
  • if you are a family member, to work and study in Australia.

Location

You can generally be in or outside Australia when you apply. However, you cannot apply for another Short-term stream in Australia as the primary visa applicant if all of the below apply:

  • you have held more than oneShort-term stream TSS visa
  • you were in Australia when the application for your most recent TSS visa was made
  • this requirement would not be inconsistent with an ITO.

If you are in Australia, you must hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa.

Applicants holding a substantive visa with a no further stay condition might still be able to lodge an application in Australia for this visa in certain circumstances – see No Further Stay conditions.

How long the visa lasts

This visa is a temporary visa. It lets you and any member of your family unit who has also been granted this visa to remain in Australia for the period specified in your visa grant notification.

Cost

For the visa applicant (that is, the nominee) the costs are:

  • short-term stream applicants: from AUD1150
  • medium-term and labour agreement stream applicants: from AUD2400.

Note: your employer is required to pay for any costs associated with the sponsorship and nomination applications. These costs must not be passed onto you.

How to pay

You must make the payment when you apply.

Additional family members

There is also a fee for additional family members who are coming to Australia with you.

Estimate the cost of your application
The visa pricing estimator is an online tool that calculates the total cost of your visa.
Visa pricing estimator

Other costs
You might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.

Family
For detailed information regarding who you can include in your application see including family members in your application. The application must include documentary evidence of their relationship to you. Members of your family unit must be able to show that they meethealth and character requirements.

Workers in Australia

Workers in Australia – including visa holders with permission to work – have rights under Australian workplace law. The Fair Work Ombudsman’s Pay and Conditions Tool (PACT) provides information on pay rates, shift calculations, leave arrangements and notice and redundancy entitlements. See Workplace rights for all visa holders working in Australia.

Your obligations
You and your family must comply with all visa conditions and Australian laws. See Temporary Skill Shortage (TSS) visa – Conditions.

Sponsors

This information is for employers who want to sponsor a skilled worker from outside (or inside) Australia for a TSS visa.

Sponsorship process
Unless you are already an approved standard business sponsor or have executed a labour agreement with the Department, the first step to sponsoring an overseas worker for a TSS visa will be to apply to become a standard business sponsor. For information on the requirements and who can be a standard business sponsor – see Standard business sponsorship requirements.

Note: A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian Government. It may be used when the standard TSS program is not available. For information on the labour agreement program and how to request a labour agreement –see Labour agreements.

Streamlined arrangements are also in place for existing standard business sponsors to renew their sponsorship prior to expiry – see Temporary Skill Shortage (TSS) visa – Sponsorship Renewal.

Sponsorship accreditation
It is strongly recommended that you apply for accredited status as this has significant benefits for Australian employers – see Temporary Skill Shortage (TSS) visa – Sponsorship Accreditation.

Sponsorship obligations, monitoring and sanctions

For information on sponsorship obligations (including notifications), monitoring and sanctions – see Temporary Skill Shortage (TSS) visa – Sponsorship obligations, monitoring and sanctions.

Cost
AUD420

How long the sponsorship lasts
A sponsorship is valid for five years from the date it is approved.

Also see Temporary Skill Shortage (TSS) visa – Sponsorship Renewal.

Nomination
Existing approved sponsors or applicants to be an approved sponsor can nominate an overseas worker for a particular position in their organisation.

Nomination process
For information on the nomination process, who can nominate, and who can be nominated – see Nomination requirements.

Cost
AUD330

You must provide all relevant documents and pay the nomination fee when you apply.

How long the nomination lasts

Your nomination is generally valid for up to 12 months from the nomination approval date, or until the earliest of the following occurs:

  • the day on which the applicant you identified in the nomination application is granted a TSS visa
  • the day we receive your written notification to withdraw yournomination application
  • 3 months after the ceasing date of your standard business sponsorship unless a new sponsorship application was lodged before that ceasing date and it remains unfinalised
  • the day on which your approval as a sponsor is cancelled
  • the day on which your labour agreement ceases.

Your nomination must be in effect when a decision is made on the nominee’s TSS visa application.

Reference Link: https://www.homeaffairs.gov.au/trav/visa-1/482-

Don’t forget to check your eligibility if you are interested as the assessment is absolutely free of cost. Please fill out the assessment form and one of our Expert Immigration Consultants will get back to you at the earliest.

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