The TSS (s/c 482) visa is a sponsored work visa for employers to obtain a skilled overseas worker to work in their business in Australia. The visa is split into streams and the length of visa grant depends on the particular stream, generally either for 2 or 4 years.
The TSS replaces the now-abolished s/c 457 visa. Those still on a 457 can remain for the remainder of their visa period, but no new 457 applications can be made. Plan ahead!!
The visa stream depends on the occupation the person will be working in, those on the 'short' list can stay for 2 years (extendable once onshore), and those on the 'medium' stream for 4 years (with potential for PR).
The application is made in three stages
Sponsorship - your business applies for approval as a sponsor for overseas workers
- lawfully operating a business
- no adverse info (or reasonable to disregard)
- the training benchmarks are no longer applicable to new sponsorships
Nomination - your business nominates the position and occupation they require and nominates the perfect person for the job.
- occupation on a skilled list (short or medium term occupation list)
- pay the new skilling Australians fund levy
- nomination of the occupation, position, and linkage to Australia's occupation dictionary
- demonstrate the tasks and skill level requirements
- demonstrate it is a genuine position
- conclude labour market testing (unless exempt) to show a local worker is not available to fill the role
- pay the market salary rate
Visa - the overseas person applies for their visa to work in your business
- apply for a visa for the worker
- if they are already onshore, they need to hold a visa or certain bridging visa when applying
- some types of workers may need a skills assessment
- genuine intention to work in the position
- skills and experience for the job
- 2 years' work experience
- meet the English threshold
- family members can be included in the application, and family members can work in Australia
The pathway to PR for temporary work visa holders has changed. Those in certain occupations might no longer have a pathway to PR. Those in medium stream occupations, might be able to apply for a permanent visa after three years.
Please note the above is generalised information, this is a complex visa and policy is being changed on an updated basis. You should contact us for professional advice that is specific to your circumstances.
Note that labour agreements are an alternative stream (not covered in this overview)