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TSS Visa (Subclass 482 ) – The new Sponsorship Visa 457

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TSS Visa (Subclass 482 ) – The new Sponsorship Visa 457

Since March 2018, the 457 visa has been replaced by the Temporary Skill Shortage (TSS) visa or subclass 482. Indeed, the government has recently abolished the sponsorship visa or 457, just a year after announcing this reform. Australia aims here to ensure Australians a priority to access employment. It also aims to better control the arrival and stay of overseas skilled workers.

TSS Visa – Subclass 482

The TSS visa allows the holder to live, work full time for his employer for the duration of the visa. This visa also allows you to travel to and from Australia for the duration of your visa.

There are three streams available under the TSS visa program:

Short-term stream

This visa enables employers to address labour shortages by bringing in skilled workers where employers can’t source an appropriately skilled Australian worker. It is a visa for 2 years. This visa is for skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL).

To apply for the short term stream, you will need to meet English language requirements. Indeed, an overall score of 5 to a language test (IELTS or equivalent) is required. You will need to obtain a grade of 4.5 in each subject.

NB: You are exempt from needing to prove English language proficiency if you are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom, the United States of America.

The applicant will also have to prove that they intend to settle only temporarily in Australia (known as a ‘Genuine Temporary Entrant’ (GTE)). This visa is renewable onshore once, for a further two years.

The cost of this visa is AUD 1,290 (July 2021 rate) for the main applicant and for each dependant 18 years and over.

Your visa will come with conditions attached to it. Conditions attached to this visa include that you work in Australia only in the occupation you were nominated for and only for your nominating business or in some circumstances, an associated entity of the business.

Medium-term stream

In this stream this is a visa for 4 years. This is very similar to the previous 457 visa. It is for workers in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL). It allows the holder to apply for permanent residence after three years.

A minimum score of 5 in each subject of the IELTS exam (or equivalent language test) must be achieved. This visa is renewable and gives access to permanent residence.

NB: You are exempt from needing to prove English language proficiency if you are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom, the United States of America.

It costs AUD 2,690 (July 2021 rate)  for the main applicant and for each dependant 18 years and over.

Conditions are attached to this visa. You must work in Australia only in the occupation you were nominated for and only for your nominating business or in some circumstances, an associated entity of the business.

Labour Agreement stream

Only used for exceptional cases. Here overseas skilled workers are employed through an agreement between the Australian government and the employer. Labour agreements are developed between the Australian Government (represented by the Department) and employers.

It costs AUD 2,690 (July 2021 rate)  for the main applicant and for each dependant 18 years and over.

Priority Migration Skilled Occupation List (Covid 19)

With the pandemic and the closure of its borders, Australia has experienced an important lack of man power in the country. The Priority Migration Skilled Occupation List (PMSOL) identifies 44 ​occupations which fill critical skills needs to support Australia’s economic recovery from COVID-19.

Employer sponsored nomination and visa applications with an occupation on the PMSOL will be given priority processing. All other skilled occupation lists will remain active, but the PMSOL occupations will take priority.

Priority processing of nomination and visa applications for PMSOL occupations applies to these employer sponsored visa subclasses:

Conditions for claiming TSS

The following criteria must be met in order to be able to apply for TSS (2 years or 4 years).

  • Two lists of occupations qualify you to apply for either the Short or medium Term TSS visa.
  • You must have the skills to fill a position nominated by an approved business for an approved occupation.
  • The applicant must also be able to demonstrate a professional experience of at least 2 years in the nominated occupation or a related field.
  • You must meet the English language requirements (unless exempted)
  • You will also have to provide a clean criminal record.

The Australian employer will first have to look for a candidate in the local labor market. He will then have to prove that he cannot source an appropriately skilled Australian. This is the Labor Market Testing.
The employer must also offer a salary at the Australian market rate of pay. The minimum imposed by the TSS program is currently AUD 53,900 + Superannuation.

The steps of the TSS visa application

Just like sponsorship before, there are three steps in applying for a TSS visa. First, the company that wants to sponsor the person must be approved as Standard Business Sponsorship. To be an approved sponsor, the company must prove a legal and active activity in Australia.

The company will then need to lodge a nomination application for the foreign worker they wish to hire. Here the employer will have to show that he intended to source an employee on the Australian market without success. The company must also demonstrate that the salary offered to the worker is equal to or greater than that of the current market (set at $ 53,900 in + superannuation).

Finally, the nominated employee should apply for the TSS visa.

The steps above must be completed in order. However, you do not have to wait for each application to be approved to move onto the next step.

Source: www.homeaffairs.gov.au

Updated on the 10/12/2021

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