TSS Visa Temporary Skill Shortage visa subclass 482

About the Temporary Skill Shortage subclass 482 TSS visa program

The TSS visa is designed to enable 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 Temporary Skill Shortage visa subclass 482

Relevant law

Migration Act 1958 and Migration Regulations 1994 and

  • Schedule 1 Item 1240 Temporary Skill Shortage (Class GK)
  • Schedule 1 and certain Schedule 2 regulations for subclass 482, as well as other related regulatory provisions. 
  • PI provides guidance on the visa application process associated with the Temporary Skill Shortage (subclass 482) visa.

There are three streams available under this visa program:

  • Short-term stream– this stream is for employers to source highly skilled overseas workers to fill short-term positions in a range of occupations for a maximum of two years (or four years if an international trade obligation [ITO] applies);
  • Medium-term stream– this stream is for employers to source highly skilled overseas workers to fill medium-term critical skills needs for up to four years, with eligibility to apply for permanent residence after three years; or
  • Labour Agreement stream– this is the temporary visa product utilised where an employer has executed a labour agreement with the Commonwealth to source skilled overseas workers, where there is a demonstrated need that cannot be met in the Australian labour market and the standard TSS visa program is not available.

While their visa remains in effect, TSS visa holders:

  • can work in Australia for their approved sponsor in their approved occupation;
  • may bring any eligible dependants with them to Australia — dependants can work and study; and
  • have no limit on the number of times they can travel in and out of Australia while the visa is valid.

Strong worker protection measures are also in place to ensure that overseas skilled workers are afforded the same workplace rights as Australian workers.

There are three stages in sponsoring an overseas worker under the TSS visa program:

  1. Sponsorship: The employer applies for approval as a standard business sponsor. For guidance on sponsorship requirements
  2. Nomination: The employer nominates an occupation for a prospective TSS visa applicant or existing TSS visa holder. This is the second step to obtaining a TSS visa. For guidance on nomination requirements
  3. Visa application: The person nominated to work in the nominated occupation applies for a TSS visa. This is the final step to obtaining a TSS visa and is covered by this instruction.

Note:

  • For the Labour Agreement stream, the sponsorship stage of the process is replaced with the negotiation and signing of a Labour Agreement. TSS nomination and visa applications are still, however, required.
  • Existing TSS visa holders do not need to make a new visa application in order to change employer unless their current visa is due to cease. However, they cannot change their employer before a new nomination is approved unless they are in a specified occupation.
  • If an existing TSS visa holder wishes to change their occupation, they must have not only a new nomination in place, but also be granted a new TSS visa, before they can work in a new occupation, otherwise they will be in breach of their visa conditions (i.e. condition 8607)

Work experience requirements for the TSS visa

As per the Government’s 18 April 2017 announcement, TSS visa applicants will be required to have worked in the nominated occupation, or a related field, for at least two years. Work experience related caveats that apply at the nomination stage for the subclass 457 visa will not apply to TSS nominations.

Policy settings will be outlined in the TSS visa Procedural Instructions that will be published on the implementation date. Interim guidance for agents is provided below:

  • Work experience will be considered flexibly in the context of the nominated occupation and industry practices
  • The work experience should have been undertaken in the last five years and would need to be calculated in terms of full time work. Part time work experience may be considered
  • Experience gained as part of the research components of a Masters and/or PhD may be considered as work experience for relevant occupations, such as medical and research occupations
  • Experience gained through clinical placements and internships may be considered as work experience for medical practitioners, including Resident Medical Officers (RMOs)
  • The internship component of the Professional Year Program may be considered as work experience for relevant occupations
  • Performance experience gained while studying may be considered for applicants with a performing arts occupation.

The tables below summarises the transitional arrangements that are expected to be in place:

How will pipeline applications be processed after the implementation date of TSS?

Standard business sponsorship (SBS) applications lodged before the implementation date

will continue to be processed under the old rules subject to minor transitional arrangements to the benefit of employers (example: will move to new five year periods, and training benchmarks will not apply subject to the Skilling Australians Fund (SAF) arrangements having come into effect – see below).

Subclass 457 nomination applications for existing subclass 457 visa holders lodged before the implementation date

will be processed under ‘old rules’

Subclass 457 nomination applications for visa applicants lodged before the implementation date

  • if a related visa application was also lodged before implementation date – both nomination and visa applications will be processed under ‘old rules’
  • if no related visa application was lodged before implementation date – the nomination application will be administratively finalised and the nominee fee refunded (without a written request for a refund).

Subclass 457 visa application lodged before the implementation date

will be processed under ‘old rules’ and if satisfied, a subclass 457 visa will be granted.

 

I have

I can

an existing SBS sponsorship

  • nominate overseas workers under the new TSS visa program, including existing subclass 457 visa holders for whom a new TSS nomination is required to facilitate a change of employer or occupation
  • lodge a new renewal form prior to the expiry of my sponsorship as long as I am an Australian business

an approved subclass 457 nomination that has not ceased

  • not lodge a TSS visa application without lodging a new TSS nomination first
  • request my approved nomination for a visa applicant be withdrawn and the fee refunded, if I was not able to lodge a related subclass 457 visa application before the implementation of the TSS visa (i.e. not available if nomination related to an existing subclass 457 visa holder)

a subclass 457 visa in effect

  • ask a new employer to lodge a TSS nomination application if I want to change jobs
  • ask my current employer to lodge a TSS nomination application to change my skilled occupation
  • lodge a TSS subsequent entry visa application for members of my family unit where required
  • lodge a new TSS visa application prior to the expiry of my subclass 457 visa

Note:  time on my subclass 457 visa will not ‘count’ in terms of the onshore renewal rules for the TSS visa.

 

There are very complex regulations and criteria. The internal policy of the department contains the following headings under which further procedural instructions are given to case officers. It is our opinion that you must always consult a lawyer for guidance rather than non-lawyer immigration agent.