The New Temporary Skills Shortage (TSS) Visa

The TSS visa (Subclass 482 visa) replaces the subclass 457 visa for applications made on and after 18 March 2018

Key Differences between the TSS and 457 Visas

The key differences for the visa applicant are:

  • You must have at least 2 years post-qualification work experience in your nominated occupation or a closely related occupation (often this is the same ANZSCO code). The Department can scrutinize the type of work experience to ensure it is relevant. There is some flexibility with this requirement for some Masters and PhD students where they gain work experience through an internship or clinical placement (e.g. doctors).
  • Police checks are now required
  • The English requirements for the visa vary and some applicants will be exempt. English requirements from 18 March 2018 include:
  • Subclass 482 – TSS Short Term Stream – Overall band score 5 (min score 4.5) or equivalent.
  • Subclass  482 – TSS Medium Term Stream – Overall band score 5 (min score 5) or equivalent.

Exemptions include:

  • Where the applicant has studied for 5 years at high school and/or university where the courses studied were taught in English.
  • Where the applicant holds a passport from Canada, New Zealand, Ireland, the UK or the USA.
  • Certain diplomatic occupations are also exempt.
  • Where the applicant is employed by an overseas business and the applicant will be paid $96000 or above
  • If the occupation is a registered or licensed occupation and there is an English language requirement attached to that registration or licensing and the applicant holds the required registration or licence.

Until the Skilling Australians Fund Levy (“SAF Levy”) is introduced (which we understand isn’t going to be before the end of May 2018), the key change in the nomination application from 18 March 2018 is a much stricter Labour Market Testing (advertising) requirement. Labour Market Testing is now required for all occupations (unless international trade obligations apply). The advertising must be substantial and it must be national. See the Department of Home Affairs website for more information: Labour Market Testing.

These applications are complex and applicants and sponsors will need to collect a lot of information in advance. If you are considering applying for this visa, we recommend that:

  • you get professional advice to check both your and your potential sponsor’s eligibility; and
  • that you start the process well in advance of your visa expiry date!

Please feel free to Contact Us for more information

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