From March 2018, the Australian Government introduced a new work visa to replace the 457-visa called the Temporary Skill Shortage (TSS) (subclass 482) visa.
The TSS visa allows employers to address labour shortages in their business, by hiring overseas skilled workers. The TSS visa is beneficial to the Australian economy and Australian businesses, as it enables skilled workers from overseas to transfer their knowledge and unique skills into the Australian workforce.
TSS visa holders are able to work in Australia in their nominated occupation and have the potential to have a pathway to permanent residency. The TSS visa is a temporary visa that enables the holder to live in Australia, whilst working full-time for their sponsoring employer, in the nominated position. TSS applicants are also given the opportunity to include dependent family members in their application.
How do I become a TSS visa holder?
The TSS visa is made up of two streams, the short-term stream and medium-term stream. Those that wish to apply for occupations on the Short-Term Skilled Occupation List (STSOL) will be able to stay in Australia for up to two years and can renew their visa for a further two years. Those that apply for occupations on the Medium and Long-Term Strategic Skills List (MLTSSL) are eligible for a visa for up to four years and can apply for permanent residency after three years.
In order to successfully apply for this visa, you must have the required skills. Whilst the skills vary according to each occupation in question, all TSS visa applicants are subject to a minimum two years’ relevant work experience in their nominated field. Upon submitting the nomination application, a Home Affairs Case Officer will cross-reference the position description supplied in the employer’s nomination application with the visa applicants work references and qualifications to ensure the relevant requirements are met. If you are not from the UK, USA, Canada, Ireland or NZ, you must also meet English Language requirements at the time of the application.
Satisfying the Genuine Position (Genuine Need) Criterion
The Genuine Position Criterion plays a significant role in the success or failure of a 482-visa application. Its’ purpose is to ensure that the Temporary Skill Shortage program is being optimised to meet the genuine skill needs in Australia.
The tasks of the nominated position, must sufficiently match the tasks of the occupation that are described in the Australia and New Zealand Standard Classification of Occupations.
A challenge with the criterion is the highly subjective nature of reviewing the occupation, in terms of the nature of the sponsoring business and the position.
- Nature of the Business
The DOHA will closely investigate the activities within the business, as well as the proposed position.
Core Business:
The business activities will be the first factor considered by the DOHA, such as whether or not the business operates in the financial, insurance, hospitality, construction or engineering sector. This is particularly important information that should be included by the sponsor in the visa application.
Size and Scope of Business:
The size of the business is the second factor that is considered by the DOHA. The Case Officer that reviews the visa application will assess whether or not the business is capable of meeting the sponsorship obligations, salary requirements and providing job security for the employee.
It is important that sponsors, in particular smaller businesses, emphasize their capacity by providing additional information about the business turnover, its’ profitability as well as its’ current number of staff members.
- Nature of the Position
Once the Case Officer is satisfied with the nature of the business, they will begin reviewing the nature of the position. The type of position will be assessed through the nominated ANZSCO code, the position title, as well as the position description.
Duties
The sponsor must provide a highly detailed position description that outlines the duties, responsibilities and competencies that describe the occupation. Key requirements that must be addressed within this section of the visa application are:
- Overall position purpose
- Duties of the role (may be dot pointed)
- Skill and experience required
- Other competences (soft skills, technical knowledge, etc)
The Sponsor must know how to assess the nominated position against a suitable occupation. The nominated position must be on the Short-Term Skilled Occupation List, or the Medium and Long-Term Skilled Shortage List (MLTSSL). To align the nominated position with the actual position, the sponsor must ensure that the majority of duties outlined under the ANZSCO are met. Furthermore, the tasks must be consistent with any special ’inapplicability criteria’ that may apply to the occupation.
The Case Officer will assess whether the nominated position aligns with the nature of the business. Therefore, it is important that the sponsor provides an explanation as to how the position will fit into the business. Making sure that the Case Officer can see that the position is consistent with the broader business is essential to the visa application. It is recommended that sponsors provide supporting materials, such as business plans, evidence of current work projects, to demonstrate that there is a genuine need for the position.
If you need assistance or advice with your visa application, Results Migration are the best in the field, with a team of experienced migration lawyers and registered migration agents that are available to guide you through this complex area of law. Call Results Migration on 1800 808 717 or email us on [email protected] and book your free consultation today!
