How to bring staff or workers from overseas – Temporary Skill Shortage visa (subclass 482) Overview. Including visa refusal or cancellation – Administrative Appeals Tribunal (AAT)
Temporary Skill Shortage visa (subclass 482). TSS visa
Temporary Skill Shortage Visa (TSS Visa) Subclass 482
Visa that allows overseas staff or workers to live and work in Australia:
Temporary Skill Shortage Visa
is a temporary visa which permits the holder to live in Australia, while working full-time for the sponsoring employer, in the nominated position. Applicants for a TSS visa may include dependent family members in their application.
How to bring staff or workers from overseas – Temporary Skill Shortage visa (subclass 482) Overview. Including visa refusal or cancellation – Administrative Appeals Tribunal (AAT)
Temporary Skill Shortage visa (subclass 482). TSS visa
Temporary Skill Shortage visa (subclass 482) or “TSS visa” is a work visa which allows Australian employers to sponsor a person from overseas to work in their business in Australia.
This particular work visa was introduced on 19 March 2019. It replaced the Temporary Work visa subclass 457 which has been abolished by DHA.
If you have the skills to fill a job position with an Australia employer who is looking to recruit you then you may be eligible for the the TSS visa.
There are three (3) streams to the TSS visa:
- The Short-Term stream
- The Medium-Term stream
- The Labour Agreement stream
You can select the stream that applies to you by referring to the Consolidated Skilled Occupations list. If your occupation make you eligible under the short-term stream then maximum time period that your TSS visa will be approved for is two (2) years. If your occupation makes you eligible under the medium-term stream, then the maximum time period that your TSS visa will be approved for is four (4) years.
Temporary Skill Shortage Visa (TSS Visa) Subclass 482
Visa that allows overseas staff or workers to live and work in Australia:
Temporary Skill Shortage Visa
is a temporary visa which permits the holder to live in Australia, while working full-time for the sponsoring employer, in the nominated position. Applicants for a TSS visa may include dependent family members in their application.
Visa applicant
The TSS visa has a short-term stream and a medium-term stream. Applicants with occupations on the short- term skilled occupation list (STSOL) are eligible for visas of up to two years (renewable once, for a further two years), whilst those on the Medium and Long-term strategic List (MLTSSL) can apply for up to four years, with eligibility for permanent residency after three years.
Steps to take:
Occupation
The position the employer wants to fill must appear as an occupation on the Combined List of Eligible Skilled Occupations. In determining whether the proposed nominated occupation is an accurate reflection of the duties of the position, the Department of Home Affairs (formerly DIBP) uses the ANZSCO).
Skills
The applicant must have the skills required to fulfil the role. Whilst the skills required vary in accordance with the occupation in question, all TSS visa applicants are required to have a minimum of two years’ relevant work experience. When examining a TSS visa applicant’s skills and qualifications against the nominated position, Home Affairs case officers cross-reference the position description supplied in the employer’s nomination application with the visa applicant’s qualifications and work references.
If applicants are not from an exempt country (UK, USA, Canada, NZ or Ireland), they will also need to meet English language requirements at the time of application.
Other Criteria
Health and character criteria will also need to be met. Police clearance certificates are required for every country in which the applicant has lived for 12 months or more since turning 16 years of age, within the last ten years.
HOW DO I APPLY FOR A TSS VISA?
There are three steps to the application process.
1 – Standard business sponsorship
A business must become approved as a SBS in order to employ a TSS visa holder. To obtain a Standard Business Sponsorship agreement, the business must demonstrate lawful and active operation in Australia. This includes identifying the correct ABN to apply under, registering the business name, supplying Business Activity Statements (BAS) and financial statements, as well as showing a commitment to training Australian citizens and permanent residents and compliance with workplace and other Australian laws.
2 – Nomination
Following the SBS application, an employer must nominate a position within their business as one which must be filled by an overseas citizen. As part of this step, there are various requirements to be met:
Labour Market Testing
To nominate an employee for a TSS visa, a business must demonstrate that they have tested the labour market. Labour market testing includes demonstrating that the business unsuccessfully advertised for the nominated position. Evidence will need to be supplied as part of the application and the evidentiary requirements are very specific. In most cases, three advertisements placed within the last 4 months for a minimum period of 28 days will be acceptable, however there are instances when this will not be sufficient, and alternative evidence is required. Further, there are exemptions to this requirement in some instances. Employers are encouraged to seek professional advice to ensure that the labour market testing provisions are met.
Salary Level
The salary for the nominated position must meet two requirements. Firstly, the remuneration must be above the Temporary Skilled Migration Income Threshold (TSMIT). This threshold is set by DIBP each year and is currently $53,900 plus superannuation. Secondly, the proposed salary must be within the market rate for the role. This ensures that the applicant will be paid in line with Australian employees in comparable roles.
Note: Some occupations will be subject to caveats that set a minimum remuneration level that is above TSMIT.
Training Levy
The introduction of the TSS visa brings with it a new Skilling Australians Fund (SAF) levy to be paid at nomination stage. The SAF levy will make nominating employees a considerably more expensive undertaking for a business.
The amounts payable per applicant are set out as follows:
- The charge will be calculated according to the number of years for which the visa is required, as set out in the nomination, and will be payable in full at this time.
- A small business (Turnover less than $10M) will pay $1,200 per nomination per year for a TSS visa. A large business will pay $1,800 per nominee per year.
- If the employee is applying for a four year visa, this will require the four annual payments to be made at the time of application. (For example, if a large business nominates an employee for a four year TSS visa, this business is liable to pay $7,200 when the nomination is made.)
3 – Visa application
Step three of the process is the visa application itself, at which time the nominee must demonstrate that they meet the requisite skill level for their occupation, as well as health and character requirements.
AND WHAT TO DO IF YOUR 482 Visa is refused or cancelled?
Please watch our short film on appeals from the AAT or IAA to the Federal Circuit Court.
Note well – AR LAW SERVICES: Master Migration Lawyers are a Specialist Crimmigration Law Firm. We are expert in criminal and character s501 appeal cases to the Federal Court.
And Remember – if you are in this position because of your agent…
WE SUE DODGY (Fraudulent, dishonest bad) agents
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
If you or some one you know feels they did not get what they paid for – feel cheated – talk to us
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page
