New Temporary Skill Shortage (TSS) VISA takes effect

To all our kababayans who have relatives who are qualified to live and work in Australia, here are the requirements for the new Temporary Skill Shortage (TSS) (subclass 482) visa replacing the subclass 457 visa. The changes were implemented on 18 March 2018. The Subclass 482 visa is a temporary visa which permits the holder to live in Australia, while working full-time for the sponsoring employer, in the nominated position. Their dependent family members are allowed to apply with them.

The Subclass 482 visa has a short-term stream and a medium-term stream as well as an agreement stream.

Criteria for the Short-term Stream

• Employers are allowed to source genuine temporary overseas skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL) for a maximum of two years (or up to four years if an international trade obligation applies.
• At least two years work experience in their skilled occupation is required
• Mandatory labour market testing is necessary unless an international trade obligation applies.
• Only one onshore visa renewal is allowed
• TSS short-term stream visa holders will not qualify for permanent residence.
• A non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers
• Payment of contribution to the Skilling Australians Fund, subject to legislation passing
• International English Language Testing System (IELTS) (or equivalent test) score of 5, with a minimum of 4.5 in each test component is required.
• Written statement of being a genuine temporary entrant is required.

Criteria for the Medium-Term Stream

• Employers are permitted to source highly skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL) for up to four years, with eligibility to apply for permanent residence after three years
• Allowed to renew visa onshore
• With pathway to permanent residence after three years
• Required minimum IELTS score of 5 (or equivalent test) in each test component
• Additional occupations will be available to support regional employers
• At least two years work experience relevant to the particular occupation
• Mandatory Labour Market Testing (LMT) is required unless an international obligation applies. This means the employer will need to advertise the role and prove that it cannot be filled by an Australian citizen or permanent resident.
• Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold requirements.
• Police clearance certificates are required for every country in which the applicant has lived for 12 months or more since turning 16 years of age, within the last ten years.
• A non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.

Tests for Proficiency in the English Language – IELTS, PTE ACADEMIC, TOEFL iBT, CAE, OET

1. The required result is achieved in a single attempt during the test. You cannot combine the required result from two or more separate test attempts.
2. A higher level of English is required for certain occupations for registration, licensing or membership in Australia.
3. You are exempted from the English test if you have completed at least five years of full-time study in a secondary or higher education institution where instruction was conducted in English. A higher education institution includes Vocational Education and Training (VET) courses for the purposes of TSS visa.
4. You are exempted from the English test if your occupation requires you to hold a licence, registration or membership and to be granted the licence, registration or membership. You must show a test score equivalent to or better than the level required by TSS visa and you have been granted the licence, registration or membership.
5. Members of your family unit included in your visa application are not required to demonstrate English language proficiency.