Temporary Skill Shortage Visa
This temporary visa lets an employer sponsor a suitably skilled worker to fill a position they can’t find a suitably skilled Australian to fill. There are three streams:
Short-Term Stream
Features
This visa enables employers to address labour shortages by bringing in skilled workers where employers can’t source an appropriately skilled Australian worker.
You can work in Australia for up to 2 years for your sponsor or work in Australia for up to 4 years if an International Trade Obligation (ITO) applies.
You can travel to and from Australia as many times as you want while the visa is valid.
You can, if eligible, apply for permanent residence.
Length of stay
You can stay for up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies.
Requirements
Be the holder of an appropriate visa
If you are applying in Australia, you must hold:
– a substantive visa or
– a Bridging visa A, Bridging visa B or Bridging visa C
Have complied with previous visa conditions
If you are in Australia at the time of decision, you must have substantially complied with any conditions that apply or applied to your last substantive visa or bridging visa held.
Be nominated by an approved sponsor
Your employer who is an approved sponsor or have at least submitted an application to become a Standard business sponsor must have nominated you to fill an occupation specified on the Short-Term Skilled Occupation List (STSOL).
Work for your nominating employer
With Australian business sponsor, you must be employed:
– in your nominated occupation and
– in that business or an associated entity.
With Overseas business sponsor, you must be employed:
– in your nominated occupation and
– in that business only (not an associated entity)
Have relevant skills, qualifications and employment background to perform occupation
You must demonstrate that you have the skills and experience necessary to perform the nominated occupation.
Some applicants must undertake a skills assessment to demonstrate this.
Have worked in your nominated occupation or a related field for at least 2 years
You must have at least 2 years relevant work experience in the nominated occupation or a related field.
Generally, you should have gained your experience on a full-time basis within the last 5 years. The period does not need to be continuous. Equivalent part-time work might be considered. Casual work will not be considered.
Have a positive skills assessment
Some primary TSS visa applicants must undergo a mandatory skills assessment as part of the visa application process.
The mandatory skills assessment must have been undertaken or commenced within the 3 year period ending immediately before the day the TSS visa application is made.
Have health insurance
You must maintain adequate health cover for the whole of your intended period of stay if you are granted this visa. Your insurance should cover you for medically necessary treatment, including transport.
Meet health requirement
You and any secondary applicants who apply for a TSS visa must meet the health requirement.
Meet character requirement
You and family members aged 16 years and over who apply for the visa with you must meet character requirement.
Be a genuine applicant for entry and stay as a short term visa holder
You must be a genuine applicant for entry and stay in Australia as a short term visa holder and have a genuine intention to stay in Australia temporarily and to comply with visa conditions attached to your visa– that is, you must be a ‘genuine temporary entrant (GTE)’.
Have not contravened ‘paying for visa sponsorship’ legislative provisions
Paying for visa sponsorship refers to asking for, offering, receiving or providing a benefit in return for a sponsorship related event, whether the event occurs or not. You or any secondary applicants must not have, in the past 3 years, engaged in any such conduct.
Have this level of English language
Primary visa applicants must meet certain minimum standards of English language proficiency.
Not have had a visa cancelled or a previous application refused
You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia.
Medium-Term Stream
Features
This visa enables employers to address labour shortages by bringing in skilled workers where employers can’t source an appropriately skilled Australian worker.
You can work in Australia for up to 4 years.
You can study.
You can travel to and from Australia as many times as you want while the visa is valid.
You can, if eligible, apply for permanent residence
Length of stay
Up to 4 years
Requirements
Be the holder of an appropriate visa
If you are applying in Australia, you must hold:
– a substantive visa or
– a Bridging visa A, Bridging visa B or Bridging visa C
Have complied with previous visa conditions
If you are in Australia at the time of decision, you must have substantially complied with any conditions that apply or applied to your last substantive visa or bridging visa held.
Be nominated by an approved sponsor
Your employer must be an an approved sponsor or have at least lodged an application to become a Standard business sponsor.
Your employer must have nominated you to fill an occupation specified on the Medium and Long-term Strategic Skills List (MLTSSL).
Work for your nominating employer
With Australian business sponsor, you must be employed:
– in your nominated occupation and
– in that business or an associated entity
With overseas business sponsor, you must be employed:
– in your nominated occupation and
– in that business only (not an associated entity)
Have relevant skills, qualifications and employment background to perform occupation
If you are the primary visa applicant, you must demonstrate that you have the skills and experience necessary to perform the nominated occupation.
Some applicants must undertake a skills assessment to demonstrate this
Have worked in your nominated occupation or a related field for at least 2 years
You must have at least 2 years relevant work experience in the nominated occupation or a related field.
Generally, you should have gained your experience on a full-time basis within the last 5 years. The period does not need to be continuous. Equivalent part-time work might be considered. Casual work will not be considered.
Have a positive skills assessment
Some primary TSS visa applicants must undergo a mandatory skills assessment as part of the visa application process.
The mandatory skills assessment must have been undertaken or commenced within the 3 year period ending immediately before the day the TSS visa application is made.
Have health insurance
You must maintain adequate health cover for the whole of your intended period of stay if you are granted this visa.
Your insurance should cover you for medically necessary treatment, including transport.
Meet health requirement
You and any secondary applicants who apply for a TSS visa must meet the health requirement.
Meet character requirement
You and family members aged 16 years and over who apply for the visa with you must meet character requirement.
Have not contravened ‘paying for visa sponsorship’ legislative provisions
Paying for visa sponsorship refers to asking for, offering, receiving or providing a benefit in return for a sponsorship related event, whether the event occurs or not. You or any secondary applicants must not have, in the past 3 years, engaged in any such conduct.
Have this level of English language
Primary visa applicants must meet certain minimum standards of English language proficiency.
Not have had a visa cancelled or a previous application refused
You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia.
Labour Agreement Stream
Features
This visa is for skilled workers nominated by employers who have a Labour Agreement.
It lets you live and work in Australia temporarily.
Labour agreements are developed between the Australian Government (represented by the Department) and employers.
You can study in Australia.
You can travel to and from Australia as many times as you want, while the visa is valid
Length of stay
Up to a maximum of 4 years, depending on the terms in the labour agreement.
Requirements
Be working under a labour agreement
The nominated occupation must be the subject of a labour agreement between the Commonwealth and the nominator.
Have 2 years of work experience
You must have had at least 2 years of work experience in the nominated occupation or a related field unless varied by the terms of the labour agreement.
Be nominated
You must be nominated.
Meet health requirement
You and any family members who apply for the visa with you must meet health requirements.
Meet character requirement
You and family members aged 16 years and over who apply for the visa with you must meet character requirement.
Have a level of English language suitable for your occupation
Have the level of English language suitable for the nominated occupation.
English language requirements equivalent to the short-term stream of the TSS visa will generally apply unless the labour agreement provides an English language concession.
Have adequate health insurance
You must have adequate health cover for the whole of your stay to be granted this visa.
Your cover should cover you for medically necessary treatment, including transport.
Not have had a visa cancelled or a previous application refused
You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia.
