Temporary Skill Shortage Visa (TSS) - SC 482
The TSS program offers employer-sponsored Australian visas for skilled foreign workers in specific occupations.
- If the desired occupation is listed in the Medium and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL), the TSS visa can be granted for up to four years. It can be renewed onshore for another four years, and there is a potential pathway to permanent residency after three years on this visa.
- For occupations listed in the Short-Term Skilled Occupation List (STSOL), the 482 visa can be granted for up to two years. It can be renewed onshore for an additional two years.
Eligibility:
Business Sponsorship
To be eligible for sponsorship, the business should be:
- Operating within Australia in a lawful manner, or operating overseas but necessitating the visa applicant to establish an Australian business or fulfil contractual obligations.
- To secure business sponsorship approval to apply and showcase your business is legally established and operational without any negative records.
- Upon approval, the business undertakes various sponsorship obligations, such as bearing certain costs, ensuring that your employee works only in their nominated occupations, and providing them with employment terms and conditions equivalent to those of your Australian workers.
- The requirement to apply for the Standard Business Sponsorship (SBS) arises once every five years.
Nominated Position Requirements
To be eligible for nomination, the position should be:
- A legitimate, full-time position.
- Within the sponsor’s business or an affiliated entity.
- Offering a salary that aligns with market rates.
- Subject to Labour Market Testing (LMT).
- Listed under the relevant occupation lists.
Visa Applicant
To be eligible for the visa, the applicant should be:
- Possessing relevant skills and qualifications that align with the role.
- Having a minimum of 2 years of experience in a related position.
- Demonstrating a genuine intention to work in the nominated position.
- Meeting compulsory licensing, registration, or professional membership prerequisites.
Sponsorship Obligations:
Compliance with statutory obligations and conditions of the Temporary Skill Shortage (TSS) visa is crucial for both the applicant and the Standard Business Sponsor (SBS) upon approval. Failure to adhere to these obligations may lead to visa cancellations for the visa holder and/or restrict the business from sponsoring additional workers under the program.
In summary, the sponsor must:
- Inform the Department of Home Affairs (DOHA) about any changes to the business, it’s financial stability, and modifications in the visa holder’s work that deviate from the nominated position.
- Ensure that the visa holder works in the occupation for which they were nominated.
- Provide fair terms and conditions of employment, consistent with those stated in the nomination application, without being less favourable than those offered to an equivalent Australian worker.
- Refrain from engaging in discriminatory recruitment practices, maintaining records to demonstrate non-discrimination based on visa or citizenship during the TSS visa holder’s recruitment process.
- Maintain adequate records as evidence of compliance with sponsorship obligations.
- Furnish records and information as requested by DOHA officers and cooperate with DHA inspectors when necessary.
- Take responsibility for all sponsorship costs, relocation expenses, and travel costs incurred by the visa holder.
Requirements:
During the visa application process, the main applicant for the TSS visa must demonstrate meeting certain requirements, including:
- Possessing relevant skills and qualifications suitable for the role.
- Having a minimum of 2 years of experience in the related position.
- Having a genuine intention to work in the nominated position.
- Meeting mandatory licensing, registration, or professional membership prerequisites.
- Making appropriate arrangements for health insurance.
- Fulfiling health, character, and English language requirements.
- Family members of the applicant, such as their spouse/de facto partners and dependent children, can be included as secondary applicants in the TSS visa application. They will receive the same full working rights as the primary applicant, although they are not obligated to work for the sponsor.
It’s worth noting that the TSS visa may provide a pathway to permanent residency through the 186 visa, as outlined in the Subclass 186 section.
Here’s how we assist:
Our experienced team are equipped to provide comprehensive assistance in all aspects of the employer-sponsored visa processing. Our expertise covers various areas, including business sponsorship applications, nomination applications, visa applications and compliance with sponsorship regulations and restrictions. Also, for the visa applicant we can work with you towards obtaining your Permanent Resident (PR) status if this is your end goal.
Need more information or have questions that your seeking answers for?
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