Australian government brought in the Temporary Skill Shortage (TSS) visa to fill the skill gap in the Australian labor market by permitting employers to bring skilled workers from overseas. But, it comes with some complications that both sponsors and applicants will have to deal with. This article focuses on some of the major challenges that come with the TSS visa including the work experience, the sponsorship as well as compliance requirements, LMT requirements and the GTE requirement.
1. Work Experience Requirement:
To qualify for the TSS visa, applicants must have at least two years of relevant work experience in the nominated position or in a related field with similar skills. However, from November 2024, the newly revised will make significant changes including only 1 year work experience required.
Acceptable experience must conform to the Australian and New Zealand Standard Occupational Classification definitions for the nominated roles. Additionally, experience in a business-related master’s or PhD program probably counts for this requirement. However, most internships or training would not be eligible unless they are part of a structured program, such as a medical internship or an accredited professional year program, especially in fields such as accounting or information technology. Those who want to be self-employed can also count on their experience, provided they provide verifiable evidence, such as income tax returns.1
2. Sponsorship Obligations and Compliance:
TSS visa applicants have specific obligations to their sponsored companies, including maintaining accurate records, ensuring compensation is fair to the market, meeting superannuation and employment standards various outside Australian Border Force (ABF) actively monitor compliance, and face unannounced on-site visits to ensure companies meet these responsibilities they can.
Failure to comply can result in fines, employer restrictions, even imprisonment for violations such as allowing someone to work outside of their visa status etc. Additionally, issues such as insufficient wages or lack of accurate records can damage an employer’s reputation and affect future sponsorship potential. To minimize risks, sponsors are advised to regularly review payroll and working conditions and address any discrepancies immediately.2
3. Sponsorship and Nomination Validity:
Sponsorship acclaim for TSS visas lasts for 5 years, and sponsors need to renew their status earlier than its expiration to avoid disruptions in ongoing nominations. Upon sponsorship expiry, any pending nominations or visa applications can be automatically refused. However, if visa application is pending and is based on an expiring nomination, the nomination stays legitimate for 3 months post-expiration, allowing time for finalization.
To avoid missing deadlines, sponsors should schedule reminders three to six months in advance of renewal dates.3
4. Labor Market Testing (LMT):
Labor market testing requires sponsors to advertise a vacancy for at least 28 days to demonstrate that there is no qualified local worker to fill the role. The advertisement must be made within four months of the submission of the application and must include specific details such as salary levels.
In particular, certain exemptions apply to MNCs from World Trade Organization (WTO) member countries, including special status, corporate restructuring, or company internal transfers what lies notably; citizens of specific countries such as Brunei, Japan, and Malaysia also qualify for the exemption. Sponsors need to be careful in their advertising strategies to avoid common pitfalls, such as cover ads that may only be counted once.4
5. Genuine Temporary Entrant (GTE) Requirement:
The GTE requirement is easier for TSS applicants as compared to students or visitors. In the past, frequent applicants for temporary or long-term visas have been relatively easy to reject. However, applicants with serious immigration violations, visa cancellations, or application history discrepancies in their application history can still raise GTE concerns. It is important for applicants to maintain a consistent visa history to avoid being flagged by immigration authorities.5
6. Registration and Licensing Requirements:
Certain occupations require applicants to hold the appropriate license or are registered to work in Australia. Most workers must obtain a valid visa within 90 days of arriving in the country or obtaining a visa. However, physicians must obtain registration by the decision date and are not given a 90-day window.
Licensing requirements can vary greatly from state to state or province, so applicants should ensure they are in compliance with local laws. Where a license is not required, applicants must provide evidence — such as a letter from a regulatory agency — to support their claim.6
Conclusion:
Navigating TSS visa status in Australia requires you to understand and fulfill many of the requirements outlined above. Both employers and visa applicants must be vigilant and proactive in ensuring compliance and avoiding penalties to facilitate a smooth visa application process.
