Temporary Skill Shortage Visa Sponsorship Overview
The TSS enables employers to address labour shortages by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian.
There are three streams available under this visa program:
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)
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
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.
Migration Regulation 2.59 provides the Criteria for approval as a standard business sponsor (as required by subsection 140E(1) of the Migration Act 1958)
The criterion that must be satisfied for the Minister to approve an application by a person (the applicant) for approval as a standard business sponsor is that the Minister is satisfied that:
- 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
- the applicant has declared, in writing, that the applicant will not engage in discriminatory recruitment practices;
- and either:
(i) there is no adverse information known to Immigration about the applicant or a person associated with the applicant; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the applicant or a person associated with the applicant; 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 in relation to a holder of a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa, or an applicant or a proposed applicant (the visa applicant) for a Subclass 482 (Temporary Skill Shortage) visa, and the applicant intends for the visa holder or visa applicant to:
(i) establish, or assist in establishing, on behalf of the applicant, a business operation in Australia with overseas connections; or
(ii) fulfil, or assist in fulfilling, a contractual obligation of the applicant.