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:

 

 

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:

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.

 

 

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:

Depending on the type of business activities the Sponsor undertakes, they may need to provide different/additional documents.

 

 

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:

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.