Temporary Skill Shortage

The Subclass 482 Temporary Skill Shortage (TSS) visa is the most common in the temporary Employer Sponsored Visa categories. This designed to address temporary skill shortages in Australia by allowing Australian businesses to sponsor overseas workers.

The TSS visa has three main streams: the Short-Term Stream, Medium-Term Stream, and Labour Agreement Stream. Each stream has specific requirements and conditions. Here’s a breakdown of each, with key distinctions highlighted.

  1. Short-Term Stream

The Short-Term Stream is intended to fill temporary skill shortages in Australia for occupations listed on the Short-Term Skilled Occupation List (STSOL). This stream is more limited in terms of duration and options for renewal, compared to the Medium-Term Stream.

  • Eligible Occupations: Must be on the Short-Term Skilled Occupation List (STSOL).
  • Duration: This visa can be granted for up to two years or up to four years if an International Trade Obligation (ITO) applies.
  • Renewal: Can be renewed once onshore. After that, renewal options are generally more restricted, unless the applicant leaves Australia and applies anew.
  • Pathway to Permanent Residency: This stream typically does not offer a pathway to permanent residency, except in limited circumstances through employer-nominated schemes outside the TSS.
  • English Language Requirements: Requires proof of English language proficiency with slightly lower score requirements than the Medium-Term Stream. Typically, an IELTS score of 5.0 overall, with no component lower than 4.5, or an equivalent test score.
  • Labour Market Testing (LMT): Required to demonstrate no suitable Australian worker was available. LMT Exemptions may apply if ITOs or other special trade agreements allow it.
  • AMSR Requirements: Employers must meet or exceed both the AMSR and TSMIT (AUD 73,150 per year), ensuring fair and comparable salaries for overseas workers. Medium-Term Stream

The Medium-Term Stream addresses medium- to long-term skills shortages in Australia. It allows more flexibility for employees looking for a longer stay and potential pathways to permanent residency.

  • Eligible Occupations: Must be on the Medium- and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL).
  • Duration: This visa can be granted for up to four years.
  • Renewal: Unlimited renewals onshore, allowing more flexibility compared to the Short-Term Stream.
  • Pathway to Permanent Residency: This stream provides a pathway to permanent residency after three years through the Employer Nomination Scheme (ENS) Subclass 186 or the Regional Sponsored Migration Scheme (RSMS).
  • English Language Requirements: Requires higher English proficiency, typically a minimum IELTS score of 5.0 in each band or an equivalent score in another approved test.
  • Labour Market Testing (LMT): Required to demonstrate no suitable Australian worker was available. LMT Exemptions may apply if ITOs or other special trade agreements allow it.
  • AMSR Requirements: Employers must meet or exceed both the AMSR and TSMIT (AUD 73,150 per year), ensuring fair and comparable salaries for overseas workers.
  1. Labour Agreement Stream

The Labour Agreement Stream is for employers who have a specific Labour Agreement with the Australian government. This agreement enables businesses to employ skilled workers in circumstances where the other streams of the TSS visa may not be suitable, such as in industries with unique skill needs.

  • Eligible Occupations: Occupations must be included within a Labour Agreement. This agreement is negotiated between the employer and the Department of Home Affairs and can include occupations not on the standard lists (STSOL or MLTSSL).
  • Duration: The duration varies based on the terms of the Labour Agreement but typically ranges from two to four years.
  • Renewal: Renewal options depend on the specific terms in the Labour Agreement.
  • Pathway to Permanent Residency: The pathway to permanent residency may be available but is subject to the Labour Agreement terms.
  • English Language Requirements: English requirements are flexible, as specified in the Labour Agreement. For instance, English requirements may be lower or different if agreed upon by the government and employer.
  • Labour Market Testing (LMT): Required to demonstrate no suitable Australian worker was available. LMT Exemptions may apply if ITOs or other special trade agreements allow it.
  • AMSR Requirements: Employers must meet or exceed both the AMSR and TSMIT (AUD 73,150 per year), ensuring fair and comparable salaries for overseas workers.

 

Key Distinctions

Criteria

Short-Term Stream

Medium-Term Stream

Labour Agreement Stream

Occupations

STSOL

MLTSSL or ROL

As per Labour Agreement

Visa Duration

Up to 2 years (4 with ITO)

Up to 4 years

Varies per agreement

Renewal onshore

Once only

Unlimited

Per Labour Agreement

Pathway to PR

Yes (after 2 years)

Yes (after 2 years)

Possible, as per agreement

English Requirements

Lower than Medium-Term

Higher proficiency than Short-Term

Flexible as per Labour Agreement

Labour Market Testing (LMT)

Required

Required

Flexible, per agreement

Each stream has specific advantages and limitations designed to meet different employer and employee needs across various industries. For further details on this visa type or other Temporary Employer Sponsored Visa, please contact us and one of our experts will get in touch with you the soonest possible.

Scroll to Top