The TSS visa allows employers to address labor shortages by hiring skilled workers when suitable Australian candidates cannot be found. It facilitates the employment of foreign workers to fill temporary skill gaps while ensuring priority for Australian workers. To sponsor an individual under the TSS visa, a business must be a Standard Business Sponsor (SBS) or an Overseas Business Sponsor (OBS).

The application for the TSS visa can be lodged while the applicant is inside or outside of Australia, or while holding a BVA, BVB, or BVC visa.

Effective from March 18, 2018, the 457 visa was replaced by the TSS visa (Subclass 482). The TSS 482 visa consists of three streams: Short-Term, Medium-Term, and Labour Agreement stream.

Step 1: The employer submits a sponsorship application, ensuring they are a legitimate and active business that complies with local labor and employment practices.

Step 2: The employer completes the nomination application, providing information about the position to be filled, salary details, efforts made to hire Australian workers, and the legitimacy of the position. The business must also be financially capable of sponsoring from overseas.

Step 3: The nominated employee then applies for the visa. They must demonstrate that they possess the necessary skills for their occupation, as well as meet health and character requirements.

1 year or 2 years for the short-term stream (unless an international trade obligation applies-up to 4 years); and

1 year, 2 years, 3 years or 4 years for the medium-term or labour agreements stream.

To ensure the protection of overseas workers and prevent undercutting of the local labor market, sponsors who wish to hire foreign employees must provide evidence that they will pay them at least the market salary rate. This rate should exceed the Temporary Skilled Migration Income Threshold (TSMIT), which is determined annually by the Department of Home Affairs. As of July 1, 2023, the TSMIT is set at $70,000 per year, including superannuation.

Some occupations have specific requirements called caveats that set a minimum salary level above the TSMIT. For example, occupations like “Marketing Specialist” or “Conference and Event Managers” exclude positions with earnings below AUD 65,000. Similarly, the occupation of “Corporate Services Manager” requires a minimum turnover of AUD 1 Million in the 12 months prior to the nomination application. These caveats ensure that certain positions meet the specified salary criteria.

To be eligible for a TSS visa, applicants are obligated to have a minimum of two years of work experience in the nominated occupation or a closely related field. This implies that recent graduates with a relevant Bachelor’s degree from an Australian university would typically not meet the requirements unless they have obtained an additional qualification overseas and gained two years of experience after completing that qualification. Additionally, TSS visa applicants must fulfill the ANZSCO Skill Level requirement corresponding to their occupation.

Condition 8607 is a requirement that applies to Temporary Skill Shortage (TSS) visa holders in Australia. It states that if the visa holder wishes to change their employer or occupation while holding a TSS visa, they must first obtain a new nomination and visa approval from the Department of Home Affairs. This condition ensures that TSS visa holders adhere to the terms of their visa and follow the proper procedures when switching employers or occupations. Failure to comply with condition 8607 may result in visa cancellation or other immigration consequences.