The purpose of the new TSS visa (supercedes 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.
In addition, the TSS 482 visa addresses concerns about the displacement of Australian workers. Therefore, the TSS visa contains a number of safeguards that prioritise opportunities for Australian residents or citizen workers.
Short Term and Medium Term Streams
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 Langauge 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.
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 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.