“Change is inevitable. Change is constant…” remarks Benjamin Disraeli.
Australian Immigration Law has seen yet another change being the abolishment of the 457 Visa on 18 April 2017 which existed to enable a skilled worker to travel to Australia and work for an approved sponsor.
It has now been replaced by the Temporary Skills Shortage 482 Visa – referred to as the TSS Visa – which seeks to enable Australian employers to address labour shortages by bringing in genuinely skilled overseas workers.
This article will seek to explain briefly the main features of a TSS Visa and its’ application process so that you – an overseas skilled worker or Australian employer – would be better able to decide whether applying for one would progress your life or business.
The TSS Visa was introduced on 18 March 2018 and is a short-term work visa. It will allow approved employers (sponsors) to nominate approved working positions for overseas workers to fill if they cannot source an appropriately skilled Australian.
The overseas worker must have the required level of skill and English to be granted the TSS Visa.
It is possible to apply for a TSS Visa via a Short-Term stream, Medium-Term stream or Labour Agreement Stream. Its respective features are:
- TSS Visa granted for duration of two (2) years
- Only one onshore renewal of the visa is possible – after which all future applications would have to be done offshore
- Does not offer a pathway to Australian permanent residency for the short term occupation
- TSS Visa granted for a duration of four (4) years
- No limit on number of onshore renewals
- Offers a pathway to Australian permanent residency after three (3) years working for the same employer
Labour Agreement Stream
- The Labour Agreement Stream applies to occupations not on the TSS occupational list. An approved employer would apply so that they can sponsor a specific occupation.
There are three stages of applying for a TSS Visa:
- Sponsorship – an employer is to lodge a sponsorship application so that they may be certified as an approved employer.
- Nomination – an approved employer nominates an occupation for a prospective TSS Visa applicant. The position must be aligned with and consistent with the nature of the business.
- Visa Application – the nominated individual after being nominated would be required to apply for the TSS Visa having met their skills and English requirements.
Once the TSS Visa is granted, there will be a condition imposed on the holder which specifies that you (the holder) must:
- Work for the nominating employer in the position that they were nominated for;
- Maintain relevant registration and licensing required to work in the position;
- Commence work within ninety (90) days of being granted a visa or on arrival to Australia; and
- Be subject to cancellation of the TSS Visa if you cease work for more than sixty (60) days.
We hope this article was useful for you!
Should you require any further assistance or information, please reach out to a member of our staff at MMMigration so that we may serve you to progress your life and business!