Temporary Skill Shortage (TSS) Visa (Subclass 482)
The TSS visa program is designed for Australian employers who want to sponsor skilled workers from overseas to work for them in Australia. This is a three step process, involving:
- An application for Standard Business Sponsorship (SBS) by a company (the employer);
- A nomination for each position to be filled in the business; and
- A visa application for a Subclass 482 for each sponsored employee (including any accompanying family members)
It is possible to undertake all these steps at the same time.
Sponsorship – Key Points:
- All businesses must be actively and lawfully operating and have a good track record.
- Australian businesses must meet training benchmarks for their Australian workers, and maintain these throughout each year of their sponsorship.
- Businesses outside Australia must be seeking to establish a business operation in Australia or fulfil contractual obligations.
- All businesses must specify the number of workers they propose to nominate in the sponsorship period.
- Sponsors are generally approved for a period of five years (unless a start-up business), and must comply with sponsorship obligations.
Nomination – Key Points:
- The position nominated must be taken from an approved list of occupations.
- The salary offered must be at least at the Temporary Skilled Migration Income Threshold (TSMIT) currently set at $70,000 (current from 01/07/2023).
- The employee must also be paid at the market salary rate. That being, at least, the same terms and conditions of employment that an Australian worker would receive in the same position and location.
- The nominator has attempted to recruit a suitably skilled and qualified Australian worker and provide evidence to show the local labour market has been tested.
- A nomination only is required when an existing 482 visa holder is changing employer.
Visa – Key Points:
The primary visa applicant must meet the skill level associated with the occupation.
- Subclass 482 visas are issued for up to a maximum of 4 years.
- Primary visa holders must continue to work for their sponsoring employer in the position for which they have been nominated.
- Applicants must maintain adequate health insurance for themselves and any accompanying family members for the duration of their stay.
- Applicants must meet specified English language requirements.
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Employer Nomination Scheme (ENS) | Regional Sponsored Migration Scheme (RSMS)
The Employer Sponsored visa program offers permanent residence to skilled workers overseas or temporarily in Australia on the basis of a skilled job offer from an Australian employer. Applicants may apply under the Employer Nomination Scheme (ENS) or the Regional Sponsored Migration Scheme (RSMS) depending on the location of their job offer.
Eligibility Criteria:
To be eligible to apply for an Employer Nomination Scheme (ENS) visa, applicants must meet the following requirements:
- Be less than 45 at the time of application, and
- Have the specified level of English language ability, and
- Satisfy the health and character requirements.
Applicants may apply under one of the following visa streams:
- Direct Entry Stream: Applicants must obtain a positive skills assessment in their nominated occupation and demonstrate at least three years of relevant post-qualification work experience in the occupation; or
- Temporary Residence Transition Stream: Applicants must have worked full-time in the nominated occupation while holding a subclass 482 visa for the three years immediately prior to application in a position that aligns with the 482 occupation;
Nominating employers must demonstrate that they:
- Meet the relevant training benchmarks for their Australian staff, and
- Show that the salary offered is no less favorable than that provided to an Australian employee in the same position and location, and
- Offer an ongoing position to the visa applicant (nominee) of at least two years.
Under the Regional Sponsored Migration Scheme (RSMS) a broader range of occupations are available for employers nominating skilled workers to regional Australia, being outside the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong, and Melbourne. Nominations must be assessed by the relevant Regional Certifying Body (RCB) to confirm the genuine need for a paid employee, the terms and conditions of employment, and that the position cannot reasonably be filled from within the local labour market. RSMS under the Direct Entry stream is closed to new applications.
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Employer Sponsored Regional Visa (Subclass 494)
This visa enables regional employers to address identified labour shortages within their region by sponsoring skilled workers where employers can’t source an appropriately skilled Australian worker
Eligibility Criteria:
To be eligible to apply for an Employer Nomination Scheme (ENS) visa, applicants must meet the following requirements:
- Be less than 45 at the time of application, and
- Have at least 3 years of relevant work experience in the nominated occupation, and
- Have a suitable skills assessment, and
- Have the specified level of English language ability, and
- Satisfy the health and character requirements.
Nominating employers must demonstrate that they:
- Must be approved for a standard business sponsor, and
- Are unable to find a suitable Australian worker, and
- Have a genuine need for the position, and
- Show that the salary offered is no less favourable than that provided to an Australian employee in the same position and location and this must be assessed and confirmed by a Regional Certifying Body, and
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