Temporary Skills Shortage (TSS) Visa

Overview

• Temporary employer-sponsored visa, up to 4 years duration
• The TSS replaced the popular 457
• Occupation chosen from two skilled occupation lists – the MLTSSL and STSOL
• The employer must meet financial and trading requirements, pay a Skilling Australian Fund (SAF) levy
• The position must be genuine and fit the scope/nature of the business
• Visa applicant must meet (where applicable), work experience, educational qualification, English proficiency, skills assessment, character and health requirements. 

Process & Requirements

Step 1 – Standard Business Sponsorship Approval

• Business applies to be a Standard Business Sponsor
• Depending on the size and/or volume of intended TSS applicants to be sponsored, the business may also apply for accreditation, which can streamline future TSS visa applications
• The main requirement is to demonstrate that the business is lawfully and actively operating
• Sponsorship period valid for 5 years
   

Step 2 – Nomination of a Position

• The proposed occupation needs to be on the relevant occupation lists – MLTSSL or CTSOL
• Must be a genuine need for the proposed position and it must fit in with the scope/nature of the business
• Labour Market Testing. Job advertising is undertaken by the employer for a minimum of 28 days over the 4 months preceding the application
• Skilling Australians Fund (SAF) levy paid at this step ($1,200 – $1,800 per year depending on business turnover)
• MLTSSL occupations give the future opportunity for visa holders to transition to a permanent employer-sponsored a visa (ENS). 
• STSOL occupations do not provide a direct pathway towards a permanent visa. 
   

Step 3 – Temporary Skills Shortage (TSS) visa

• The employee applies for a visa
• MLTSSL occupations grant a visa of up to 4 years duration, STSOL occupations grant a visa for up to 2 years
• Skills assessments are required for certain occupations, mostly trades from certain countries. Skills assessments for other occupations may be requested on a discretionary basis.
• English proficiency, employment experience, educational and health/character requirements
• Dependent family members (spouse, dependent children) may join the main applicant, dependent on health/ character requirements.
• Genuine Temporary Entrant requirement – under policy no more than two TSS visas will be granted to an applicant whilst in Australia.

Commentary on TSS visa 

Skilled Employer-Sponsored Regional (Provisional) Subclass 494 (SESR)

Overview

• New provisional employer-sponsored visa to be introduced on 16 November 2019
• Temporary employer-sponsored regional visa, replacing the Regional Sponsored Migration Scheme (RSMS) Subclass 187 visa
• Similar features to the RSMS visa. Requires employer sponsorship, Regional Certifying Body advice, employment experience, English proficiency, market salary provision and skills assessments (where applicable)
• 5-year visa, eligible for permanent residence after 3 years (dependent on various requirements)
• 9,000 places allocated for 2019-20 financial year 

Process & Requirements

Step 1 – Standard Business Sponsorship Approval

• Essentially same process as the TSS Standard Business Sponsorship approval process (see above) 
• Additional sponsorship obligations are to be included in upcoming legislation.
   

Step 2 – Nomination of a Position

• Position located in a regional area (all areas except Sydney, Melbourne and Brisbane)
• The proposed occupation must be on the relevant occupation lists (673 occupations available)
• Must be a genuine need for the proposed position and it must fit in with the scope/nature of the business
• Labour Market Testing (as per TSS)
• Regional Certifying Body (RCB) to provide advice on annual market salary rates.
• Skilling Australians Fund (SAF) levy
• Visa holders can transition to a Permanent visa after being employed with a sponsor for a minimum of 3 years, in addition to meeting other requirements.
   

Step 3 – Skilled Employer-Sponsored Regional (Provisional) visa (SESR)

• The employee applies for a 5-year visa
• Skills assessments are required for certain occupations, mostly trades. Skills assessments for other occupations may be requested on a discretionary basis.
• English proficiency, employment experience, educational and health/character requirements
• Dependent family members (spouses, dependent children) may join the main applicant, dependent on health/ character requirements.
• No Genuine Temporary Entrant requirement 
• Eligible for Medicare once visa approved 
   

Commentary on SESR visa