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TSS Visa – Subclass 482

Everything you need to know about the new TSS visa.

Temporary Skill Shortage

In March 2018, the 457 visa was replaced by the Subclass 482 Temporary Skill Shortage (TSS) visa.

Designed to fill gaps in the Australian labour market, the visa has a short-term stream, a medium to long-term stream and a regional stream.

Applicants with occupations on the Short-Term Skilled Occupations List (STSOL) are eligible for visas of up to two years (renewable onshore once, for a further two years), whilst those on the Medium and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) can apply for up to four years (with eligibility for permanent residency after three years, depending on meeting age and English requirements)

FAQs

Who can apply for the TSS visa?

You can apply for the visa if your occupation is on the STSOL, MLTSSL or ROL list and you have an eligible employer who is willing to sponsor you. You must also meet other criteria associated with this subclass, including qualification and work experience requirements.

How long will my TSS visa be granted for?

For an MLTSSL or ROL occupation, the visa can be granted for 1, 2, 3 or 4 years. For an

STSOL occupation, a visa can be granted for 1 or 2 years.

How often are the occupation lists reviewed?

The Government will review lists regularly to ensure they accurately reflect which occupations are needed. There is no guarantee that your occupation will remain on a list; roles can be removed without notice. Occupations may also be moved between lists.

What are caveats?

Some 482 visa occupations are subject to caveats. For example, the Government may specify that an applicant being nominated in a particular role must be sponsored by a business that turned over at least $1 million in the 12 months prior to the nomination being lodged.

Other examples of visa caveats include:

• Applicant must be paid a higher minimum salary than applies to most TSS visas (e.g. $65,000 or $80,000)

• Nominated position must not include low skill tasks

• Sponsor must be located in a specific postcode

• Sponsor must have at least five full time employee

How does an employer sponsor someone on a TSS visa?

In order to sponsor someone, an employer must become an ‘approved business sponsor’. The business must be operating lawfully within Australia and meet other criteria. Once approved, sponsorship is held for five years, and other applicants can be sponsored on this visa type.

Does the TSS visa lead to Australian permanent residency?

Yes, if you are nominated on an MLTSSL occupation, you may have a pathway to PR.

You will be eligible for PR when/if:

• You have worked for the same sponsor for three years on your TSS visa

• You have worked in the same occupation for the three years

• You have Competent English (at least 6.0 in all parts of IELTS or an equivalent test score, unless you are exempt)

• You have been paid at least the salary on your nomination letter

• You are under 45 years of age at the time of lodging your PR visa

A visa in an STSOL occupation does not lead to permanent residency.

What happens if my occupation is removed from the list whilst my visa is processing?

A TSS nominated occupation is 'fixed' at the time of application. This means that a lodged TSS application will not be impacted by list changes during the processing time. It does mean that a future TSS visa may not be possible, if the nominated occupation is no longer on the MLTSSL, STSOL or ROL list.

What English score do I need?

Not all visa applicants require testing, many are exempt. The English test is not required at the time of TSS visa application but is required prior to a decision being made on your visa.

MLTSSL and ROL

• IELTS at least 5 in each band

• OET "B pass" for all 4 parts of the OET

• TOEFL iBT: at least 4 in Listening and Reading and at least 14 in Speaking and Writing

• PTE Pearson: At least 36 in all 4 parts

• CAE Cambridge English: At least 154 in all 4 parts

STSOL

• IELTS average score 5, with a minimum score of at least 4.5 in each band

• OET "B pass" for all 4 components of the OET

• TOEFL iBT: total band score of 36, with at least 3 in Listening and Reading and at least 12 in Speaking and Writing

• PTE Pearson: Average band score of 36, with minimum of 30 in each band

• CAE Cambridge English: Advanced: Average band score 154, minimum 147 in each band

Are there any exemptions from sitting an English test?

Yes. You are exempt from the English test if you hold a passport from the UK, Ireland, USA, Canada or New Zealand or you can show that you have completed five years of education (at the secondary and/or tertiary level) where the instruction was delivered in English.

What is the minimum salary I have to be paid?

The minimum guarantee earnings (previously known as TSMIT but now known as Australian Market Salary Rate or AMSR) will remain at $53,900 + super for a 38-hour week, unless a caveat applies. For example, Marketing Specialists, Conference and Event Managers and Property Managers (among others) have salary caveat of minimum $65K + super.

What is the age limit for a TSS visa?

There is no age limit for a TSS visa. However, if you are granted a visa in an MLTSSL occupation and intend to apply for PR after three years of working for the same sponsor, you’ll need to be under 45 at the time of lodging your PR application.

What are the visa application fees for this visa?

The TSS visa application fees depend on which list your occupation is on. If you are being nominated in an MLTSSL or ROL occupation, the fees are $2,455 for main applicant, $2,455 for a dependent partner (and a dependent child aged 18 and over) and $615 for each child under 18 years of age. If your occupation is on the STSOL, you’ll pay $1,175 for main applicant, $1,175 for a dependent partner (and a dependent child aged 18 and over) and $295 for each child under 18 years of age.

What is the Skilling Australia Fund (SAF) Levy and how does it apply to this visa?

Yes. Immigration is introducing a Skilling Australia Fund (SAF) Levy for all TSS nominations. The Levy amount depends on the sponsor’s turnover. If the sponsor's turnover was more than $10 million in the 12 months prior to nominating you, the SAF Levy is $1,800 for each year of the TSS visa. If the turnover was under $10 million, the Levy is $1,200 for each year of the TSS visa. The Levy is payable in full (for all years of the visa) at the time the nomination is lodged.

Can I lodge a TSS visa from a Bridging Visa?

Yes. A TSS Visa can be lodged whilst you hold a BVA, BVB or BVC, provided you have not had a visa refused whilst in Australia.

How many TSS visas can I get?

If you are being nominated in an MLTSSL or ROL occupation, you can apply for as many TSS visas as you want, provided you meet the eligibility requirements each time you apply. For an STSOL occupation, you can apply for an initial two year TSS visa. You can apply for one further two year TSS visa onshore. You can apply for a third TSS visa outside Australia. Your employer would need to demonstrate a genuine need for you to work full time for a further two years.

If I hold a two year 457 visa, does that count as one of my TSS visas?

No. If you hold a 457 visa in an STSOL occupation, you can apply for a two year TSS visa and a further two year visa onshore.

What is the Genuine Temporary Entrant requirement?

A TSS nomination for an STSOL occupation must meet the genuine temporary entrant requirement. Immigration considers factors such as current visa/s held, length of time spent in Australia and previous TSS refusals.

What occupations require labour market testing on a TSS application?

All occupations nominated on a TSS visa require labour market testing. The only exception is where an international trade obligation applies. The sponsor must place the advertisements on approved recruitment websites or national press and keep the ads running for a reasonable time.

If my TSS nomination is refused, what happens to my visa application?

A pending TSS visa cannot be linked to a second nomination. This means that if you lodge your nomination and visa together, and the nomination is refused, the visas will also be refused. The visa application fees are non-refundable. If you lodged the visa whilst in Australia and you wish to re-lodge a new 482 application, you will need to pay the visa charges again, along with the subsequent temporary application fee of $700 per person.

Can I get a TSS visa if I have two years of work experience?

You must be able to verify at least two years of full time and paid work experience (post-qualification) in the nominated occupation. However, this on its own will not meet the visa requirement. You must also meet the ANZSCO Skill Level requirement of your occupation. Each Skill Level has different qualification and work experience requirements.

Work experience undertaken whilst on a student visa can only be counted if the work is undertaken through a structured or formal arrangement.

To check your eligibility for the TSS visa, contact True Blue Migration Services and one of our Registered Migration Agents will provide a free assessment.

Am I eligible for a TSS visa if I graduated with a relevant Bachelor degree from an Australian university?

No, as you will not be able to show two years of full time and relevant work experience, post-qualification. If you have completed another qualification overseas and have work experience after this qualification, you may be eligible.

If I hold a 457 visa, can another employer nominate me under the TSS program?

Yes. You do not need to apply for a new visa. The employer will need to hold (or apply for) approval as a Standard Business Sponsor, lodge a 482 nomination and link it to your 457 visa. Your 457 visa expiry date remains the same.

Do I need a police check on a TSS visa application?

Yes, the main applicant and any dependents aged 16 or over require police checks. The police check is needed from every country the applicant and dependents 16 and over has lived in for more than 12 months, in the 10 years prior to lodging the TSS visa. Police checks are not required at the time of application but are required prior to a decision being made.

If I am nominated in one occupation and want to change occupation, what happens to my visa?

If you hold a TSS visa and you change occupation (either with your original sponsor or with a new sponsor), you will need a new nomination and a new visa. This will count as your second onshore TSS visa.

TSS Visa Application Process

TSS Visa Application

There are four main steps in the application process:

1. Check your visa eligibility. It is absolutely vital to make sure that you actually qualify for the visa before you apply for it. You may believe that you meet all the requirements, but this is often not the case. A Registered Migration Agent can assess your eligibility and let you know if you qualify. The application process is complex and difficult to navigate.

2. Have an approved sponsor. Your visa eligibility is only one part of the battle. You must have an approved sponsor who is willing to employ you. Your employer must meet the criteria to become a Standard Business Sponsor. A Registered Migration Agent can let you know whether your employer qualifies. You cannot submit an application unless your employer is a current approved sponsor – or is willing to lodge an application for approval.

3. Nomination. Next comes the nomination step. Your employer must nominate the position to be filled by the overseas applicant. The employer must show that they have advertised the position and given local workers a fair chance to apply. The Government has issued specific requirements in relation to Labour Market Testing. If an ad is not up for long enough or advertised in the wrong place, it will fail. Employers must also meet salary, genuineness and training requirements. One small mistake in this part of the process and it’s all over!

4. Applying for the visa. This part relates to you, the applicant. You must show that you meet the skill level requirement, have minimum work experience, pass the test character and reach the English level required. Any dependents (partner and/or children) are included in this part of the process.

To find out more, you can email or chat with a Registered Migration Agent at True Blue Migration Services.

 
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