Temporary Skills Shortage (TSS) Visa (Subclass 482): Frequently Asked Questions

April 12, 2023

The Temporary Skills Shortage (TSS) visa is a popular employer sponsored visa that allows eligible workers to live and work in Australia temporarily, and in some cases, can lead to permanent residence. The visa allows Australian employers to sponsor a skilled worker to fill a position they are unable to find an appropriately skilled Australian worker. This article answers some of the most frequently asked questions about the process of applying for a TSS visa.

FAQS

What is the eligibility criteria for this visa?

To be eligible for this visa, you must:

Have an eligible occupation on the relevant Department of Home Affairs’ Skilled Occupation List;
Have a job offer;
Have at least 2 years’ experience working in the nominated occupation;
Have a genuine intention to work in the nominated position;
Meet the skill level for your nominated occupation;
Have adequate arrangements for health insurance; and
Meet health, character, and English requirements.

How long can I stay in Australia with this visa?

The allowed duration of your stay will depend on what stream you apply to, having met the relevant criteria.

Short-term stream: Up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies. Hong Kong passport holders may stay up to 5 years.
Medium-term stream: Up to 4 years. Hong Kong passport holders may stay up to 5 years.
Labour Agreement stream: Up to a maximum of 4 years, depending on the terms in the labour agreement. Hong Kong passport holders may stay up to 5 years.

What steps need to be taken to apply for this visa?

There are 3 stages in the application process. The three stages are sponsorship, nomination, and visa application.

Step 1: Sponsorship

For a business to sponsor employees under this visa, the business must be approved as a Standard Business Sponsor (SBS)
To become an SBS, the business must:
Be actively and lawfully operating in Australia and has a strong record of, or a demonstrated commitment to employing local labour, or
Be actively and lawfully operating overseas (not in Australia), and be bringing the visa applicant to Australia either to establish a business operation in Australia or to fulfil contractual obligations

Step 2: Nomination

The business must nominate a position within their company and nominate an eligible occupation on a specified list of occupations
The position to be filled must:
Be a genuine, full time position
Be subject to a written contract of employment unless exempt
Be subject to employment conditions that are equivalent to Australian workers performing equivalent work at the same location
Have been subject to Labour Market Testing (LMT), which requires advertising the position for 4 weeks in the last 4 months, unless exempt
Have a salary of at least the Temporary Skilled Migration Income Threshold (TSMIT) and at least the annual market salary rate for the nominated occupation

Step 3: Visa Application

The final stage requires the nominated person to work in the occupation nominated to apply for a TSS Visa
The Visa applicant must:
Have the skills and qualifications needed to perform the nominated occupation
Have at least 2 years of relevant work experience in the nominated occupation or related field
Have adequate arrangements for health insurance
Meet any mandatory licensing, registration or professional membership requirements
Meet the health, character and English requirements

What are the benefits of the TSS visa?

The TSS visa allows skilled workers to work for an approved sponsor in Australia for up to 2 years for short-term occupations, or up to 4 years for medium-term occupations. There may be a pathway to permanent residency under this visa; however, this is dependent on several factors including your occupation, age, or salary.

This visa can be a great opportunity to gain experience and enhance your career prospects. The visa also allows you to bring dependent family members to Australia with you.

What are the TSS visa work experience requirements?

TSS visa applicants are required to have worked in the nominated occupation, or a closely related occupation for, at least 2 years full-time.

To be eligible for the TSS visa, the applicant must possess the necessary skills and qualifications required to perform the tasks of the nominated occupation. As a result, generally, any work experience claimed should have been obtained after the completion of the required qualifications.

The migration policy states that work experience should have been gained on a full-time basis within the last 5 years. As part of the visa application, the applicant will need to provide evidence of their work experience.

Can I change employers while on a TSS visa?

You may change employers while on a TSS visa; however, you must ensure that your new employer has an approved position nomination for you before you commence working with them.

Your TSS visa is subject to Condition 8607 which requires that you work for the employer which nominated you. To change employers, your new employer must be an approved sponsor, and they must also lodge a new TSS nomination application for your position.

What if I cease employment with my sponsor while on a TSS visa?

If you cease employment with your sponsor while on a TSS visa, you have a few options:

Depart Australia within 60 days;
Find a new employer within 60 days and lodge a nomination to change your employer; or
Apply for an alternative visa (subject to eligibility)

When you cease employment, your sponsor must inform the Department of Home Affairs within 28 days. This will trigger the Department to monitor your status and determine whether you depart or lodge a new nomination. Failure to take either action may result in the cancellation of your visa.

Is there an age restriction for the TSS visa?

There is no age limit for obtaining the TSS visa; however, permanent residency has an age limit. If you have a TSS visa in the medium-term stream, you must apply for permanent residency before turning 45 years of age unless you qualify for an exemption.

How long does it take to process the TSS visa?

Processing times can vary for a range of reasons. The Department of Home Affairs’ visa processing times guide here can give you an indication of how long the TSS visa may take to process.

Is a health waiver available for the TSS visa?

Yes, the TSS visa is subject to PIC 4007 which means that you can apply for a health waiver. If you do not meet the health requirement, your visa application will fail unless a health waiver application is successful.

The Department of Home Affairs and Medical Officer of the Commonwealth assess health waivers on a case-by-case basis and for the waiver to be successful, you must submit:

Whether you or any of your family members can lessen the potential cost of your condition and your reliance on our health care and community services, and
Any compassionate and compelling circumstances that support exercising a health waiver for you

Final thoughts

While the TSS visa is a popular choice for skilled workers and employers, obtaining a TSS visa is not always a straightforward process. It is important to note that the visa has strict eligibility criteria, and a refusal may have serious consequences.

It is important to seek the advice of an experienced immigration professional who can guide you through the application process and address any potential issues that may arise. At Migration Affairs, we have a team of experienced immigration experts who are dedicated to helping our clients achieve their immigration goals. If you are an employer looking to sponsor foreign workers or are a visa applicant seeking a TSS visa, we are here to help.

This newsletter should not be construed as legal advice and to obtain current information, please seek the advice of an immigration professional.

Have more specific questions about your visa? Get in touch with Migration Affairs today.