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FAQ: Temporary Skills Shortage Visa Subclass 482 and Employer Nomination Scheme 186



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Temporary Skills Shortage Visa Subclass 482 FAQ

 

What is a TSS Visa?

The Subclass 482 Temporary Skills Shortage (TSS) Visa is aimed at filling the gap in the Australian workforce by allowing eligible employers to sponsor skilled migrants to work in Australia to mitigate local skills shortages. The visa can be granted for 2 to 4 years depending on the applicant’s occupation and the current demand.

 

Who is the TSS Visa for?

The TSS Visa is directed at skilled migrants who have an Australian employer willing to sponsor them to work in Australia. In order to be eligible to sponsor a skilled worker for the TSS Visa, Australian employers must apply for and obtain a Standard Business Sponsorship.

 

What is a Standard Business Sponsorship?

The Standard Business Sponsorship process essentially confirms that the business is a lawfully operating business and requires the business to provide evidence of the business structure. The business must also demonstrate their financial capacity to take on the skilled migrant worker. In this way, the process protects migrant workers from being exploited, and simultaneously protects the business from taking on an employee that they cannot realistically support. Once approved, the Standard Business Sponsorship will be valid for 5 years from the time of grant.

 

Who can apply for a Standard Business Sponsorship?

All kinds of Australian businesses can apply for a Standard Business Sponsorship, providing they can satisfy the Department’s administrative and structural requirements. The types of entities which generally apply for a Standard Business Sponsorship include the following: proprietary companies; public companies; partnerships; sole traders; government departments; not-for-profit organisations; and educational institutions.

 

We are a small company operating in Australia with only 5 employees. Can we still apply for a Standard Business Sponsorship.

Yes, provided the business can demonstrate that it is financially viable and lawfully operating, an organisation of any size can apply for a Standard Business Sponsorship.

 

What are the benefits of being a Standard Business Sponsorship?

Holding a Standard Business Sponsorship will allow you to nominate migrant workers to fill skills shortages within the business where skilled workers cannot be sourced locally. It can also be beneficial for global organisations wanting to more easily be able to move employees between locations.

 

What are my obligations as a Sponsor?

As a Sponsor you have an obligation to cooperate with inspects should the Department decide to investigate the nature of the business. Sponsors must also ensure they are providing terms and conditions of employment that are not less favourable than those that would be received by an Australian equivalent worker. The Sponsor should also keep records to demonstrate their compliance, including training of Australians and permanent residents and has the responsibility to notify the Department of Home Affairs when either the nature of the business, or the nature of the employment changes.

 

By business previously held a Standard Business Sponsorship, which has now expired. Can I renew my Standard Business Sponsorship?

Yes, you can reapply for a Standard Business Sponsorship as many times as you require, providing you can still satisfy the criteria for a Standard Business Sponsorship.

 

Who can I work for as a TSS Visa Holder?

Under the TSS Visa program, visa holders are obliged to work in the nominated occupation only. If a Sponsor wants to employ a visa holder for a different occupation – even within the same business – they must lodge a new nomination application and wait for the new nomination to be approved. Alternatively, if the TSS visa holder wishes to change employers, their new employer must also hold a Standard Business Sponsorship and will need to nominate the employee through a new nomination application. Once the new nomination has been approved, the employee will be able to commence working for the new employer.

 

When can I lodge my TSS visa application?

Your prospective employer must be an approved Standard Business Sponsorship to nominate a skilled migrant worker for a TSS Visa. Once the Standard Business Sponsorship application has been lodged, you can lodge the Nomination application. At this point, you can lodge the TSS visa application itself. All three applications can be lodged in quick succession, however, the Standard Business Sponsorship will need to be approved before the Nomination will be assessed. Subsequently, the Nomination must be approved before the TSS visa will be assessed. If you want to wait to lodge your visa, and the Nomination itself has been granted, you will have 12 months to lodge the visa application.

 

What if I made a mistake on my visa application?

You should notify the Department of Home Affairs of any change to your situation or any mistake made in your visa application as soon as possible. There can be serious repercussion for providing incorrect information, particularly if the information provided is misleading in nature.

 

What if my current visa expires before I hear a decision on my TSS Visa application?

If you are holding a substantive visa at the time of your application for a TSS Visa, you should receive a Bridging Visa A. This Bridging Visa allows you to remain in Australia while a decision is made on your application, regardless of the processing time. An important thing to note, however, is that the Bridging Visa will not come into effect until your current visa expires. This means you must comply with all conditions tied to your existing visa to avoid running into any issues for failing to comply.

 

What if I need to travel overseas while my TSS Visa is being processed?

If you want to travel while your TSS visa is being processing, and your Bridging Visa A is in effect, you will need to apply for and be granted a Bridging Visa B. The Bridging Visa B will allow you to leave Australia and re-enter the country within a specified period of time.

 

Can I include my family members on my TSS Visa?

Yes, you can include any family member so long as they are part of your ‘family unit’. The Regulations are quite strict on what constitutes a member of the ‘family unit’. According to the Regulations this will include: your spouse, or a biological child, step-child or dependent child (providing they have not turned 18 or have turned 18 but are younger than 23 and are still dependent). It is important to note that members of the family unit over the age of 16 will need to show that they meet the character, health and English requirements for the TSS Visa. Your employer also must agree to include your family members on the nomination and extend their obligations as a nominator.

 

Will my family members get work rights?

All family members included in the visa applications will have no work limitation on the TSS visa – this means the spouse of the primary visa holder can work without restriction.

 

What will the visa validity be for family members?

The visa will be granted for the same period as the primary visa holder, and no longer.

 

Employer Nomination Scheme 186 FAQs

 

What is the 186 Visa?

The Subclass 186 Employer Nomination Scheme (ENS) is comprised of three distinct visa streams: Direct Entry, Temporary Residence Transition, and the Labour Agreement stream. The Scheme is aimed at allowing skilled workers, who are nominated by their employer, to live and work permanently in Australia. The program is designed to address specific skills shortages on a long-term basis, and applicants must work in specific occupations in order to be eligible to apply.

 

Who is the 186 Scheme for?

The 186 Scheme is for skilled migrants who have an Australian employer willing to sponsor them to work in Australia. In order to be eligible to sponsor a skilled worker for this visa, the Australian employer must apply for an obtain a Standard Business Sponsorship. The skilled worker must also demonstrate that they have sufficient prior work experience in a relevant occupation.

 

What are the three streams of Subclass 186 Visas?

Temporary Residence Transition (TRT): if you already hold a Subclass 482 TSS Visa, and have been working for your employer for at least 3 years fulltime while holding a Subclass 482 TSS Visa, you may be eligible to apply via the TRT stream.

Direct Entry (DE): If you don’t currently hold a Subclass 482 TSS Visa, but have at least 3 years of relevant work experience in a specified occupation, you may be eligible to apply in the DE stream.

Labour Agreement: if you are currently in Australia under a Labour Agreement, you may be eligible to apply for this stream.

 

When can I lodge a 186 Nomination and Visa Application?

You must lodge a valid nomination application, before you can lodge the visa application itself. The nomination process involves demonstrating the genuineness of the position and proving that the terms and conditions of employment are not less favourable than those that would be received by an Australian equivalent worker.

 

What are the key requirements for the 186 Visa Scheme?

In order to be eligible for the 186 ENS Visa Scheme, you must work in one of the specified occupations prescribed by the Department. You must also demonstrate that you have competent or above in terms of your English language capability, and you must satisfy the Department’s age requirements. You must also be able to demonstrate that you have the level of skill and experience required and prove this in your application. In some cases, you may also need to provide a positive Skills Assessment from the relevant accrediting body for your occupation.

 

Can I apply for a 186 visa outside Australia?

Yes, you can apply for a 186 visa whether you are onshore or offshore, providing you satisfy the other relevant criteria for the stream you are applying within.

 

How long can I stay in Australia on the 186?

The 186 Scheme is a pathway to permanent residency. Once you receive a Subclass 186 visa, you will be entitled to live and work in Australia permanently.

 

Need help with getting Australian Visas?

NO BORDERS: #1 TRUSTED MIGRATION AGENTS

Email: service@noborders-group.com

Tel:  +61 (07) 3876 4000

Consultation:  https://www.noborders-group.com/form/free-consultation

 

We will help you by exploring visa options and securing application. As part of our services, we will assess the eligibility of the application for a partner visa and help you to get out of the abusive relationship and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry  or  book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: service@noborders-group.com.

 

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