Overview

The TSS (subclass 482) visa is designed to enable employers to address labour shortages by bringing in genuinely skilled workers where they cannot find an appropriately skilled Australian.  Putt Legal is attuned to the needs of Australian and overseas companies seeking to quickly fill such shortages or to engage highly skilled or specialised overseas personnel or consultants.

The TSS visa is the most commonly used programme for employers to sponsor overseas workers to work in Australia on a temporary basis. It visa allows businesses to employ overseas workers for up to 4 years, depending on the nominated occupation.

If the relevant occupation is listed on the Medium and Long Term Strategic Skilled Occupation List, then the visa can be granted for up to 4 years – and is a pathway to permanent residence after 3 years from the date of the visa grant.

If the relevant occupation is on the Short-term Skilled Occupation List, then the visa can be granted for up to 2 years and can only be renewed onshore once, for a further 2 years. There is no pathway to permanent residence if your occupation is on the Short-term list.

Subclass TSS visa holders can:

• work in Australia for a period of between one day and 4 years (depending on their contract and their nominated occupation)

• bring any eligible dependants with them to Australia — dependants can work and study

• after entering Australia, have no limit on the number of times they can travel in and out of Australia
   

Application Stages

There are 3 processing stages in sponsoring an employee from overseas under the TSS visa programme: 

1) Sponsorship

The employer applies for approval as a standard business sponsor.

2) Nomination

The employer nominates an occupation for a prospective visa applicant. This involves a “labour market testing” phase of
28 days’ duration. This also involves the offer of a contract of employment to the prospective employee, including a salary
that is commensurate with the “market” rate that any Australian in a similar position would be paid.

3) Visa application

The person nominated to work in the nominated occupation applies for the TSS visa. This is the final step to obtaining the visa.

These 3 stages do not have to be done in sequence; Putt Legal has the experience to do all at the same time to reduce delays.
 

What happens when?

Employer

If you are lawfully operating a business either in or outside of Australia, and you are seeking to sponsor an overseas skilled worker under the TSS visa programme, you must lodge an application with the department to become an approved standard business sponsor. Then you must nominate a position to be filled.

You can lodge a nomination application indicating the nominated position within your business, and the proposed overseas skilled worker, when you lodge your application for standard business sponsorship approval.

Employee

If you are an overseas skilled worker, and have been nominated by a business that is an approved standard business sponsor that is lawfully operating either in or outside Australia, you can apply for a TSS visa.

This is a general overview of the TSS visa process. We encourage you to make an appointment with Putt Legal to find out more.