IMMIGRATION – SUB CLASS 457 REPLACED WITH SUB-CLASS 482 TEMPORARY SKILLED SHORTAGE VISAS (“TSS VISA”)

A Skilled Occupational Assessment behind a nomination determines whether the new TSS Visa may be available for up to a maximum of four years:

  • The short term stream is for occupations on a specific list (STSOL)
  • The medium term stream is for occupations usually of a higher skill level in the MLTSSL occupational list.
  • There is a third steam a less common and somewhat more tricky to obtain.

Requirements for the TSS Visa are:

  • Skilled Occupation Assessment obtained
  • Language Test results – 6.6.6.6 in IELTS
  • Health and Character Assessments (public interest factors)
  • A Sponsor must be approved anda Nomination must be approved before a Visa can be granted.

Generally, the TSS Visa replaces the Sub-Class 457 regime but is more stringent.  The TSS is not stage 1 of a Migration (Permanent Residence) Plan.  It is designed to fill gaps in the Australian labour market.  Only the higher demand skilled occupations in the MLTSSL list can gain a four year term and may – after three years employment in the same position – lead to a successful Nomination for Permanent Residence by the same employer.

Apart from an English Language Assessment the age requirements are slightly more restricted (not 45 years of age or more).  There is the necessity to evidence more reliable and plain Labour Market Testing conducted before lodgement of the Visa Application and of course Police checks are necessary concerning character matters for all adults and all family members 16 years age or more.

Many Companies or large scale employers (Colleges, Universities, Institutes and the like) are frustrated that would-be skilled appointees may not be so attracted as to uproot and relocate to this country for three to four years without some realistic stage 2 advance to migration status.  That is especially so where the skilled appointee may have a partner and children.

Costs are now a more significant aspect to take into account.  The fees and charges excluding professional advice fees – are greater than before.   A minimum annual salary paid to the appointeeis no less than $55,000.

Passage through the “hoops” of approved Sponsorship, approved Nomination and successful Visa grant for primary Applicant and family members is rather convoluted.  It would likely be done assisted by a Migration Lawyer.