TEMPORARY SKILLS SHORTAGE - TSS 482 VISA

Australian Lawyers and Migration Agents - TSS 482 Visa Advice, in 2021

Our Australian Immigration Lawyers and Registered Migration Agents are experienced and ethical. We can assist clients in our offices in Melbourne or Brisbane, Australia and in Hong Kong. In addition, our Australian qualified Lawyers can advise clients worldwide, with a fast and efficient Consultation by telephone or skype where they advise you about:

Visa eligibility assessment
Information about the visa process
Advice regarding the Migration Skills Asssessment application
Advice regarding supporting documents including: Qualification certificates, Work references and Identification
Advice regarding State or Territory Skilled Nomination
Advice regarding Employer Sponsorship application requirements
Assistance with Nomination of an Employee application
Assistance with Genuine Position submission
Advice regarding Labour Marketing Testing requirements
Advice regarding TMSIT and AMSR Salary for the position
Advice regarding how to sit an English language test and required score
Assistance in completion of Dept of Home Affairs Expression of Interest and Visa Application forms
Assistance in paying the Skilling Australia Fund levy for training of Australian apprentices and trainees
Advice regarding how to apply for Police Clearance certificates
Preparation of Medical examination and Chest x ray referral letter and advice where to undergo health checks
Visa Processing time guidance
Information about the Government Visa Application fee and Migration Agent / Lawyers fees for complete visa application assistance

Contact VisaConnect's Australian Immigration Lawyers and Migration Agents in 2021 for advice and assistance with your Temporary Skills Shortage TSS 482 Work visa application!

Short Term and Medium Term Streams

The purpose of the new TSS visa (supersedes the 457 visa) is to ensure that the TSS visa is more targeted, strengthen the integrity of Australia's temporary and permanent employer sponsored programs, more adept at meeting Australia's skills requirements, and enhance the quality and economic contribution of skilled migrants.

The Short term stream allows for work for up to 2 years and the Medium Term stream allows for overseas workers to fill medium-term critical skills in work for up to 4 years. In addition, there is a Labour Agreement stream, where the Australian company has a labour hire agreement with the Department of Home Affairs.

Short Term Stream

Renewal - The Short term stream can be renewed once onshore, in Australia.
Occupations - Your occupation must be listed on the Short Term Skilled Occupations List (STSOL).
English Language Ability - The new TSS requirement is an International English Language Testing System (IELTS) score of 5.0, with a minimum of 4.5 in each test component. Under the previous 457 visa, there was an exemption from the English language test if the applicant's salary was over $96,400.
Genuine Entry - Requirement that you must be a genuine temporary entrant.

Medium Term Stream

Renewal - The Medium term stream can be renewed onshore, in Australia, and there is a pathway to permanent residence after 3 years.
Occupations - Your occupation must be listed on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL).
English Language Ability - The requirement is an International English Langauge Testing System (IELTS) minimum score of 5.0, in each test component.

Eligibility Criteria for Both Streams

To apply for the TSS work visa, as an overseas worker, you must meet the following criteria:

1. Nomination - You have been Nominated for a position, by an approved sponsor, and that nomination has been approved.

2. Skills and Qualifications - You meet any required skills and qualifications for the position, and you have undertaken a Skills assessment, if required.

3. Work Experience - at least 2 years’ work experience in the nominated occupation or a related field.

4. Age - There is no Age requirement or Age limit for the TSS visa.

5. Labour Market Testing (LMT) - LMT is mandatory unless an international obligation applies.

6. Minimum Market Salary rate - Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold requirements.

7. Workforce - A discretionary non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.

8. Training requirement - Employers nominating a worker for a TSS visa will be required to pay a contribution of $1,200 per year, at time of nomination, to the Skilling Australians Fund (SAF).

9. Health - The applicant and all members included in the application must meet Australia's health requirements. A medical examination and chest x ray is required.

10. Character - Mandatory Police clearance certificates are to be provided, unless sponsored by an accredited sponsor and then a work reference confirming the applicant's good character may suffice.

Sponsorship

The initial step for an Australian employer to sponsor an overseas worker is for the employer to apply to become a standard business sponsor, unless the employer already holds a labour agreement.

Lawful Business - Employer must be a legally established, lawfully operating business.
No Adverse Information - The Sponsor must have no relevant adverse information against their business, such as being under investigation, subject to disciplinary action, insolvency or contravened government laws.
Business in Australia - The Sponsor must confirm that they have a proven record or demonstrated commitment to employing local labour, and that they will not engage in discriminatory recruitment processes.
Business Outside Australia - You must be seeking to employ a skilled worker to establish a business operation in Australia or assist in fulfilling Australian contract obligations.
Sponsorship Duration - A sponsorship is valid for 5 years from the date that it is approved.
Benefits of Sponsorship Accreditation - Accredited status will receive priority processing of all TSS nomination and visa applications, with most applications processed in less than 5 days.

Nomination

Nomination is the process of identifying a position to be filled by an overseas worker in an approved business. For a Nomination to be approved, it must meet the following requirements:

Approved Sponsor - Nominate an occupation listed for a TSS visa from the list of eligible skilled occupations or specified in your labour agreement. This will determine the stream of the visa that your employee will be applying for and the length of their visa stay period.
Nominate proposed employee in an eligible occupation - the occupation you are nominating must be eligible for the TSS visa program. The list of eligible skilled occupations includes a number (a six-digit ANZSCO code) next to each occupation title.
No Adverse Business information - there must be no adverse information known about your business or any person associated with your business.
Genuine Position - The position must be genuine and full-time. It must have duties that are consistent with the skill level and the tasks of the nominated occupation, and the nature of the business, and not created just to assist the Nominee to stay in, or migrate to Australia.
Nomination Duration - The Nomination is generally valid for up to 12 months from the nomination approval date or the date that the labour agreement or approval as a sponsor is cancelled.

TSS Skills Assessment for Trade Occupations

The TSS Skills Assessment Program is an assessment pathway for applicants applying for a Temporary Skill Shortage (TSS) visa, who meet the following criteria:

work in a nominated occupation and hold a passport from a nominated country or Special Administrative Region (SAR) as indicated in the table below
are required by the Department of Home Affairs (Home Affairs) to apply for a skills assessment for temporary migration.

TSS Nominated Countries and SARs

TSS OCCUPATIONS	TSS NOMINATED COUNTRIES AND SAR'S
Automotive Electrician [321111]	Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Baker [351111]	China, Fiji, Hong Kong SAR, India, Macau SAR, Papua New Guinea, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Cabinetmaker [394111]	Brazil, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Carpenter [331212]	Brazil, Fiji, Hong Kong SAR, India, Macau SAR, Papua New Guinea, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Carpenter and Joiner [331211]	Brazil, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Chef [351311]	Nepal, Pakistan*, Papua New Guinea, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Cook [351411]	Bangladesh, Brazil, China, Fiji, Hong Kong SAR, India, Macau SAR, Nepal, Pakistan, Papua New Guinea, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Diesel Motor Mechanic [321212]	Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Electrician (General) [341111]	Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Vietnam*
Electrician (Special Class) [341112]	Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Vietnam*
Fitter (General) [323211]	Brazil, China, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Fitter and Turner [323212]	Brazil, China, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Fitter-Welder [323213]	Brazil, China, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Joiner [331213]	Brazil, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Metal Fabricator [322311]	Brazil, China, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Metal Machinist (First Class) [323214]	Brazil, China, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Metal Fitters and Machinists (not elsewhere classified) [323299]	Brazil, China, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Motor Mechanic (General) [321211]	Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Panelbeater [324111]	China, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Pastrycook [351112]	Brazil, China, Fiji, Hong Kong SAR, India, Macau SAR, Papua New Guinea, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Sheetmetal Trades Worker [322211]	Brazil, China, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Toolmaker [323412]	Brazil, China, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
Welder (First Class) [322313]	Brazil, China, Fiji, Hong Kong SAR, India, Macau SAR, Philippines, South Africa, Thailand, Vietnam, Zimbabwe
*There are no assessment centres in these countries. Applicants must travel to a TRA-approved assessment centre in Australia or a TSS or OSAP nominated country for a skills assessment.

Priority Migration Skilled Occupation List - New List, as at 27 November 2020

The Priority Migration Skilled Occupation List (PMSOL) was set up on 2 September 2020, and this List identifies 18 occupations which fill critical skills needs to support Australia's economic recovery from COVID-19. The list is based on expert advice from the National Skills Commission and consultation with Commonwealth departments, and the List is often reviewed.

Employer sponsored nomination and visa applications with an occupation on the PMSOL will be given priority processing. All other skilled occupation lists will remain active, but the PMSOL occupations will take priority.

The list is temporary and priority occupations may change as Australia recovers from the pandemic. The Government and the National Skills Commission will continue to monitor the impact of COVID-19 on the Australian labour market and assess Australia's skills needs as they evolve and new sources of data emerge.

The Priority Migration Skilled Occupation List

The 18 occupations (ANZSCO code), in the health care, construction and IT sectors, as at 27 November 2020 are as follows:

Chief Executive or Managing Director (111111)
Construction Project Manager (133111)
Mechanical Engineer (233512)
General Practitioner (253111)
Resident Medical Officer (253112)
Psychiatrist (253411)
Medical Practitioner nec (253999)
Midwife (254111)
Registered Nurse (Aged Care) (254412)
Registered Nurse (Critical Care and Emergency) (254415)
Registered Nurse (Medical) (254418)
Registered Nurse (Mental Health) (254422)
Registered Nurse (Perioperative) (254423)
Registered Nurses nec (254499)
Developer Programmer (261312)
Software Engineer (261313)
Social Worker (272511)
Maintenance Planner (312911)

COVID-19 Pandemic event visa - in 2021

Holders of temporary work visas currently employed in COVID-19 critical sectors; health care, aged and disability care, childcare, or agriculture and food processing may be eligible for a Temporary Activity Visa (subclass 408) Australian Government Endorsed Agreement Event stream (COVID-19 Pandemic event visa).

In the event that your temporary 482 work visa is expiring, you are not working in a critical sector, you are unable to return home because of entry restrictions and you cannot meet the requirements for another visa, you still may be eligible for the COVID-19 Pandemic event visa.

Applicants must demonstrate why they cannot meet the requirements for another visa. This could include a statement and evidence that you do not have access to sufficient funds to be able to pay a further visa application charge (VAC).

Biosecurity - in 2021

Powers to cancel visas on biosecurity-related grounds have been expanded from 1 January 2021, to student and temporary work visa holders.

Any decision to cancel a temporary visa on biosecurity grounds will only be made after consideration of factors, such as the seriousness of the breach, the potential impact on Australian business and agriculture, and the individual circumstances of the traveller.

New Agriculture Work Visa

On 15 June 2021, the Australian Government amnnounced a new Agriculture visa, which is to take effect later in 2021. The visa will allow for:

1. Citizens from the 10 Association of Southeast Asian Nations and the UK to work on Australian farms for three years.

2. Applicants will need to return home for three months each year.

3. Australia agreed with the UK to scrap the requirement for British backpackers to do an 88-day work stint in regional areas before extending their working holidays.

4. The plan involved more than 10,000 places as a baseline to cover the shortfall in backpackers.