Temporary Skill Shortage Visa (TSS)

On the 18th March 2018 the 457 visa program was replaced with the Temporary Skill Shortage Visa (TSS), the Subclass 482 visa.

There are two streams under the TSS visa:

• Short term Stream- Applicants with an occupation of the Short Term Skilled Occupation List (STSOL) are eligible for a visa of up to years.

Under the short terms stream it is possible to apply for a second 482 visa onshore once only, provided the occupation and requirements can still be met.

There is no permanent residency pathway available under the employer sponsored visa program for occupations on the STSOL, unless transitional arrangements apply.

• Medium term Stream – Applicants with an occupation on the Medium and Long Term Strategic Skills List (MLTSSL) are eligible for a visa of up to 4 years.

Under the medium term stream the Subclass 482 visa is renewable onshore, provided the occupation and requirements can still be met. There is no limitation on the number of times the visa can be renewed onshore.

There are pathways to permanent residency for occupations on the MLTSSL.

There are several new requirements for both the employer and the applicant. Some of the key changes significantly impact the lead times to lodge an application under the Subclass 482 visa framework. There

Some key changes are outlined below.

• To nominate an employee a business must demonstrate they have made a genuine attempt to recruit locally. To demonstrate this a business must evidence they have advertised the role through acceptable methods and have been unsuccessful in recruiting in Australia. There are some exemptions to Labour Market Testing. In general, a position must have been advertised for at least 21 days.

• Applicants are required to have 2 years full time relevant employment experience. Usually the employment needs to be post qualification, however there are some exceptions to this.

• Certain occupations and passport holders require a skills assessment. Evidence the skills assessment has been lodged is now a time of application requirement.

It is important for applicants to review their visa options well in advance of visa expiry dates, if in Australia.

It is also worthwhile remembering DOHA will no longer be accepting incomplete 482 visa application at the time of lodgment and will generally refuse these caliber of applications at the first assessment stage if supporting documents is not available or a sufficient explanation in lieu of the missing document.

Applicants needs to seek advice early to ensure they can lodge valid applications within their visa validity.

To review your visa options, arrange a consultation with one of our Immigration Consultants.

Disclaimer: The information provided herein is of a general nature only and does not constitute immigration advice. For more detailed and case specific information or advice, please contact SCA Connect.