Temporary Sponsorship Overview
The TSS enables employers to address labour shortages by bringing in genuinely skilled workers where you cannot source an appropriately skilled Australian.
There are three streams available under this visa program:
- Medium-term stream– this stream is for employers to source highly skilled overseas workers to fill medium-term critical skills for up to four years, with eligibility to apply for permanent residence after three years; or
- Short-term stream– this stream is for employers to source genuinely temporary overseas skilled workers to fill short-term positions in a range of occupations for a maximum of two years (or four years if an international trade obligation [ITO] applies);
- Labour Agreement stream– available where an employer has executed a labour agreement with the Commonwealth to source skilled overseas workers, where there is a demonstrated need that cannot be met in the Australian labour market and the standard TSS visa program is not available.
Temporary Skill Shortage Sponsorship Process
There are three stages in sponsoring an employee from overseas under the TSS visa program:
Stage 1: Sponsorship The employer applies for approval as a standard business sponsor. For the Labour Agreement stream, the sponsorship stage of the process is replaced with the negotiation and signing of a Labour Agreement.
Stage 2: Nomination The employer nominates an occupation for a prospective TSS visa applicant or existing TSS visa holder.
Stage 3: Visa application The person nominated to work in the nominated occupation applies for a TSS visa.
Temporary Skill Shortage Sponsorship Criteria
Criteria for approval as a standard business sponsor is prescribed by the Migration Act (140E(1)) and Regulation 2.59 as follows:
- the applicant has applied for approval as a standard business sponsor in accordance with the process set out in regulation 2.61; and
- the applicant is lawfully operating a business (whether in or outside Australia); and
- if the applicant is lawfully operating a business in Australia, the applicant has attested, in writing, that the applicant has a strong record of, or a demonstrated commitment to, employing local labour; and that the applicant has declared, in writing, that the applicant will not engage in discriminatory recruitment practices; and
- either there is no adverse information known to Immigration about the applicant or a person associated with the applicant or it is reasonable to disregard; and
- if the applicant is lawfully operating a business outside Australia and does not lawfully operate a business in Australia — the applicant is seeking to be approved as a standard business sponsor and the applicant intends for the proposed 482 visa holder or visa applicant to:
– establish, or assist in establishing, on behalf of the applicant, a business operation in Australia with overseas connections; or
– fulfil, or assist in fulfilling, a contractual obligation of the applicant.