The TSS visa a temporary visa which permits the visa holder to live in Australia, whilst working full-time for the sponsoring employer, in the nominated occupation. Applicants may include dependent family members in their application.
Your family members will be able to work and study in Australia whilst you fulfil your obligation to work for an approved sponsor in your nominated occupation.
The TSS visa has three streams namely, the Short-term stream, the Medium-term stream and the Labour Agreement stream.
the Short-Term stream
This stream is available for applicants with occupations on the Short-Term Skilled Occupations List (STSOL) and will be eligible for visas of up to two years (renewable once, for a further two years), or four years if an International Trade Obligation applies.
the Medium-Term stream
This stream is available for applicant with occupations on the Medium and Long-Term Strategic Skills List (MLTSSL) and will be eligible for visas of up to four years, with eligibility for permanent residency after three years when certain requirements are met.
the Labour Agreement stream.
This stream is available if you have an employer who is willing to sponsor you has obtained a labour agreement with the Department of Home Affairs. It allows Australian employers to source skilled overseas workers in accordance with labour agreements entered into with the Department, where there is a demonstrated need that cannot be met in the Australian labour market and standard visa programs are unavailable.
Once you have identified the stream of which you wish to apply, this visa will involve a three-step process:
- a sponsorship application by the employer
- a nomination application for a skilled position by the employer
- a visa application by the proposed employee
The three steps above must be completed in order. You do not, however, have to wait for each application to be approved to move onto the next step.
Before you can apply for a TSS visa, your proposed employer will need to lodge a nomination application for you. They will only be able to do this if they are an approved sponsor or have at least lodged an application to become a standard business sponsor. Sponsors also need to evidence mandatory labour market testing to show that they cannot employ an Australian into the position.
To obtain a Standard Business Sponsorship agreement, the business must demonstrate lawful and active operation in Australia. This includes
- identifying the correct ABN to apply under,
- registering the business name,
- supplying Business Activity Statements (BAS) and financial statements; and
- showing a commitment to training Australian citizens and permanent residents and compliance with workplace and other Australian laws.
You might be able to get this visa, as a visa applicant, if you:
- have been nominated for a position by an approved sponsor and that nomination has been approved
- have at least two years work experience in your occupation
- meet any required skills and qualifications requirements including completing any skills assessments required
- meet English language requirements
- if in Australia, hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa
- have substantially complied with any conditions that apply or applied to your last visa
- meet health and character requirements
- meet the requirements of the stream in which you apply.
Note: There is no age requirement for the TSS Visa, and a wide range of occupations are eligible. For example, the STSOL currently lists 242 occupations and there are more than 200 occupations on the MLTSSL.
Obtaining a sponsorship and nomination for the sponsoring employer followed by a TSS visa application for the visa applicant can be often complex and uncertain at times. Refusal of such a case may also mean adverse impact and delay on the proposed business operation for the employer and uncertain visa status and financial hardship for their overseas skilled employees.
Infinite Immigration provides full-service migration assistance. We have helped many Australian businesses as well as their overseas skilled employees with complex cases.
We can help you identify the best stream and occupation of which we believe you would be best suited and will take care of the whole business sponsorship, nomination and visa applications, from eligibility assessment stage straight through to application lodgement and finalisation.
We will ensure that all stakeholders are fully informed and confident in the application, and liaise with DHA as your representative until we have obtained the desired migration outcome on your behalf.