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TSS Visa Eligibility

The Temporary Skills Shortage (TSS) (subclass 457) visa, was announced by the Department of Home Affairs (DHA) in 2017. It replaced the Temporary Work (subclass 457) visa in 2018. Whilst it is similar to its predecessor, there are many differences that made it harder for individuals to be eligible for it.
 
For an Applicant to be eligible for this visa, they must have a Sponsor. The Sponsor must be an eligible and genuine Australian business, and who is responsible for lodging the first 2 steps, before the Applicant lodges the 3rd (and final) step, as seen below:
 
 
Step 1 – Sponsor applies for Standard Business Sponsorship
In this step, the Sponsor must prove that they are an eligible, legally established and genuine business in Australia. Ultimately, they need to provide evidence that they are a real company.
 
The documents that a Sponsor may provide include the following:
  • Recent Financial Statements, such as a Profit and Loss, BAS and Balance Sheet
  • Overview of the Company
  • Registration Documents
  • Photographs of the Premises
  • Lease Agreement
  • Details of Directors
Depending on the type of business activities the Sponsor undertakes, they may need to provide different/additional documents. If granted, the Sponsor will be a Standard Business Sponsor for 5 years.
 
 
Step 2 – Sponsor lodges a Nomination application for a Position within the Business
In this step, the Sponsor must prove that they genuinely need a particular full time position to be filled within the business, and link the application to the Sponsorship TRN or Application ID from Step 1. The position must be on the Medium to Long Term Occupations List (MLTSSL) or Short Term Occupations List (STSOL).
 
This is usually the hardest step, as it requires great attention to detail. It is imperative that the business genuinely needs a particular occupation within the business. For example, a Mechanic shop could explain why they would require a full time Motor Mechanic, however, it would be difficult for a Cafe to prove that they require a full time Accountant or a full time Marketing Specialist.
 
The documents that a Sponsor may provide include the following:
  • Overview of the Company
  • Employment Contract Agreement between Sponsor and Visa Applicant
  • Organisational Chart
  • Genuine Position Submission
  • Explanation of any Occupation Caveats
  • Salary Explanation (salary must be $53,900+ per annum)
  • Labour Market Testing (LMT) (advertisements for the position to prove that they made genuine attempts to find a suitable candidate) – more information on LMT can be found in this link
Depending on the type of business activities the Sponsor undertakes, they may need to provide different/additional documents.
 
 
Step 3 – Applicant lodges a TSS (subclass 482) Visa
This is the final stage. In this step, the Applicant applies for the Visa, and will need to link it to the Nomination TRN or Application ID from Step 2. Depending on whether the Nominated Occupation is on the STSOL or MLTSSL, the duration of the Visa, if granted, can be up to 2 years or 4 years respectively.
 
The documents than an Applicant may provide include the following:
  • Identity Documents
  • Relevant Qualifications
  • Evidence of 2 years Experience in the Nominated Occupation (Payslips, Reference Letters, Bank Statements, Tax Documents etc)
  • Skills Assessment depending on the Occupation and Country of Passport
  • English Language Requirements Test (IELTS, PTE etc) depending on the Country of Passport. Minimum Requirements depend on the List on which the Occupation is on.
  • Criminal Record Certificates
  • If Secondary Applicants are included, evidence of Family Unit (Marriage Certificate or Registered Relationship Certificate, Birth Certificate etc)
Furthermore, if the occupation is on the MLTSSL, the Applicant may be eligible for an Employer Nomination Scheme (subclass 186) Visa, which leads to Permanent Residency.
 
You cannot skip directly to Step 2 or Step 3. All 3 steps must be lodged in order; the good news is, you do not need to await for the previous step to be approved before lodging the next step.
 
However, it is recommended that you await for the previous step to be approved before lodging the next one; if the previous step is refused, all “future” steps will also be refused.
 
If you wish to book and appointment with one of our Registered Migration Agents, please call Gold Migration Lawyers on 1300 320 300 today.
 
This article does not constitute legal advice or create a Migration Agent-Client relationship. Please consult a Registered Migration Agent for up-to-date information.
 
 
Relevant Links
  • For more details on Labour Market Testing, please click here
  • For the most Common Reasons on why Working Visa applications are Refused, please click here
  • For more details on how to Register your Relationship in your home state, please click here.
  • For the current Visa Costs by the Department of Home Affairs, please click here.
  • For the current Visa Processing Times by the Department of Home Affairs, please click here.