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Applying for a TSS 482 visa… Make sure you know the Rules!

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Do you completely understand all the visa conditions listed on your Temporary Skill Shortage (TSS) visa? No? Not to worry! This article has been prepared to ensure you understand the rules. It’s also important to mention, if you breach any of your visa conditions, your TSS visa may actually be cancelled and may affect future Australian visa applications such as permanent residence.

Health Insurance

As part of your visa grant, you will be financially responsible for any health debts you incur in Australia. You and any included dependent family members will therefore need to hold the appropriate level of health insurance to mitigate your financial risks. Are there any expectations to this rule? If you are eligible and have successfully applied for Medicare coverage, you won’t need to hold health insurance. However, it’s important to understand the pros and cons for obtaining private health insurance versus Medicare. Also, Medicare coverage is only available to nationals from Belgium, Finland, Italy, Malta, Netherlands, New Zealand, Norway, Ireland, Slovenia, Sweden and the United Kingdom.

To compare the benefits and for further information regarding the level of coverage needed for private health insurance & Medicare, please refer to the following weblinks:

https://immi.homeaffairs.gov.au/help-
https://www.servicesaustralia.gov.au/individuals/services/medicare/reciprocal-health-care-agreements/when-you-visit-australia

Nominated occupation work requirements

You are generally only allowed to work for your sponsoring employer or an associated entity in your approved nominated occupation. It is therefore important to review the occupation which is listed on your visa approval letter under the title “Position details – Nominated occupation”. If your sponsoring company is looking to change your role or if you are going to be promoted, you will need to check with your Migration Agent/Lawyer to ensure it doesn’t breach any rules. More importantly, the Migration Agent/Lawyer is able to check whether the change in role will affect your eligibility for Australian permanent residence at a later date. Where the change of duties is only temporary and will not exceed 60 consecutive days, the Department may allow the arrangement, however it’s always advisable to check with your assigned Migration Agent/Lawyer.

Temporary layoffs available

If a TSS visa holder is temporarily laid off due to a downturn in the industry in which they are employed, they may be considered to have ceased employment and the visa holder may be in breach of their visa condition if:

  • The Department has not been advised accordingly; and
  • If more than 60 consecutive days has elapsed since layoff.

To avoid unintended consequences of premature cancellation due to a temporarily layoff due to seasonal downturn, your Migration Agent/Lawyer should be consulting with the Department to explain the circumstances of the case.

Is unpaid leave allowed?

TSS visa holders on unpaid leave (e.g. study or sabbatical leave; holiday leave without pay; sick leave without pay; maternity or paternity leave; parental/carer/personal leave) or not considered to be in breach of their visa condition solely on the basis of this unpaid leave. This is because the TSS visa holders may be considered to continue to be in the employment of the sponsor (although not working or receiving a salary). Under migration policy, this period should not, however, generally exceed 3 months unless:

  • The sponsor is obliged to provide the leave under Australian workplace laws (e.g. in connection with maternity leave); or
  • Exceptional circumstances apply (e.g. family illness). Your Migration Agent/Lawyer would need to consult with the relevant section at the Department to assess whether your particular circumstances would be accepted.

It’s also important to understand, if you are employed under a Company Specific or On-Hire Labour Agreement (LAs), you will need to review the specific terms which was agreed with the Department in relation to unpaid leave provisions, as LAs generally does not permit unpaid leave.

Are you allowed to work overseas?

In certain circumstances, a TSS visa applicant may be able to undertake work outside of Australia where it is considered in the usual course of their business and the applicant remains an employee of the Australian firm. For instance, in the resources and mining fields, it is common practice to have ‘fly in/fly out’ arrangements. However, if there are significant periods of employment spent overseas, the Department may have concerns that the position being nominated is not a genuine position as the applicant may not be primarily working in the nominated position. The immigration officer will have grounds to cancel the TSS visa if they are satisfied that the TSS visa holder:

  • Did not have a genuine intention to perform the occupation for which they were nominated
  • Has ceased to have a genuine intention to perform that occupation

What happens if you or your employer wants to end employment?

If you or your sponsoring employer wishes to terminate your employment, the Department of Immigration will give you 60 to 90 days (depending when your visa was approved) to:

  • Find another employer to take over the sponsorship (also known as a nomination transfer application)
  • Apply and be granted another visa (e.g. this could be a Visitor Visa to simply remain in Australia as a tourist)
  • Make appropriate arrangements to depart Australia.

Can I undertake a second job or volunteer work?

In general, the primary TSS visa holder is not allowed to undertake a second job, however there are certain occupations which are exempted from this rule such as General Medical Practitioners or CEOs/General Managers. In terms of voluntary unpaid work, this may be approved on a case-by-case basis. The work would usually need to be undertaken with a charity or not-to-profit based organisations.

Work related conditions:

On a final note, it’s important to understand the following key deadlines:

  • If you are in Australia, you must commence work within 90 days of your visa being granted.
  • If you are overseas, you must commence work within 90 days from when you first arrive in Australia. There is no particular requirement for the visa holder to arrive in Australia within a specific time frame, other than before their visa expires. However, where the arrival of a visa holder is significantly delayed, they and their sponsor should be counselled in regard to the continued need for the TSS visa and whenever it is the appropriate visa for their circumstances.
  • You must not cease employment for more than 60 consecutive days.
  • If required, you must hold any important work-related licenses, registration and memberships.

Did COVID-19 Make You Wish You Had Applied For Australian PR Or Citizenship Sooner?

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Since COVID19 changed all of our lives, many holders of temporary Australian visas have found themselves in a difficult situation. Financial rescue packages such as JobSeeker and stimulus payments have strict eligibility requirements which exclude anyone who is not an Australian Citizen or Permanent Resident, JobKeeper is restricted mainly to citizens, permanent residents and New Zealand citizens holding Subclass 444 visas, and strict border controls currently only allow Australian citizens and Permanent Residents to enter the country from overseas.

While of course, we hope that we never experience a situation like COVID19 again, it is best to be prepared for the future and have the security that Permanent Residence and Citizenship can offer. While right now it may seem like closing the gate after the horse has bolted, if you think you may be eligible to apply for Permanent Residence or Citizenship, now would be a good time to contact us so we can assess your options. Even if you are not eligible now, we may be able to help you put a plan in place so that you could be eligible in the future.  It is important to understand that submitting an application now, unfortunately, won’t change your eligibility for the current stimulus offerings that are part of this COVID19 event, however, it will allow you to focus on a more certain and secure future.

Email us info@mymigration.net.au for a detailed conversation.

Pathway To PR… TSS 482/457 To Permanent Residency

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If you are holding a Temporary Skill Shortage (TSS) Visa and would like to apply for Australian Permanent Residence under the Employer Nomination Scheme (also known as ENS or company-sponsored PR), you may qualify under the following two main pathways.

(1) Temporary Residence Transition stream pathway (most popular pathway)

If you held or applied for a TSS 482/457 visa on or before 18 April 2017, and you have worked for your sponsoring employer for at least 2 years full-time in Australia, you will qualify for PR under the ENS.

However, if you held or applied for a TSS visa after 18 April 2017, you need to wait until you have worked for your sponsoring employer for at least 3 years full-time (instead of 2) before you apply for PR.

(2) Direct Entry stream pathway

Applicants who don’t want to wait the 2 or 3 years needed under the TRT stream are able to apply earlier, however, they will need to obtain a positive skills assessment with their nominated assessing authority. For example, an Accountant will need to obtain a positive skills assessment with Chartered Accountants (CA) Australia or Certified Practising Accountant (CPA) Australia. These assessing authorities are independent bodies which undertake a review of your qualifications and work experience, to determine whether it aligns with Australian standards.

In addition to obtaining the positive skills assessment, applicants will need to have at least 3 years of full-time work experience in total, however, the 3 years doesn’t need to be with the sponsoring employer, and can be work experience from overseas.

If you would like our office to conduct an assessment to determine whether you or your employee qualifies for PR, please don’t hesitate to contact us or reach us at info@mymigration.net.au

Temporary Skill Shortage Visa – March 2018 Changes

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Last April, significant changes were announced to the Temporary Work (Skilled) subclass 457 Visa. These changes have been staggered throughout the past year, with the 457 Visa set to be abolished in March 2018. With less than a month until the transition from the 457 Visa to the Temporary Skills Shortage (TSS) Visa, it is crucial that you are aware of the changes and how it may affect you, your employees and your business.

March 2018 Visa Changes

As you may be aware, the 457 Visa will be officially abolished and replaced by the Temporary Skills Shortage (TSS) Visa as of March 2018.

Some of the changes include:
  • New, more targeted occupation lists which better align with skill requirements in the Australian labour market
  • A requirement for visa applicants to have at least two years’ work experience in their skilled occupation
  • Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT) which ensures that overseas workers cannot be engaged to undercut Australian workers. The new TSMIT is due to be set at $65,000 as of March 2018
  • Mandatory labour market testing, proof that the company advertised to local workers but were unable to find a local Australian to fill the role, unless an international trade obligation applies
  • Under the Short-Term stream, there is capacity for only one on-shore visa renewal under the Short-Term stream, as well as no option to gain PR.
  • Under the Medium-Term stream, there is capacity for visa renewal on-shore and permanent residence eligibility after three years.
  • A non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers
  • A requirement to pay a contribution to the Skilling Australians Fund
  • The Department of Home Affairs will collect Tax File Numbers and data will be matched with the Australian Tax Office’s records, and
  • Mandatory penal clearance certificates to be provided.

Skilled Occupation Lists - STSOL and MLTSSL

Occupations fall into two lists, the Short-term Skilled Occupation List (STSOL) and the Medium and Long-term Strategic Skills List (MLTSSL).
  • Short-Term stream – this is for employers to source genuine temporary overseas skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL) for a maximum of two years (or up to four years if an international trade obligation applies). You are not eligible to apply for permanent residency under this list.
  • Medium and Long-Term stream – this is for employers to source highly skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL) for up to four years, with eligibility to apply for permanent residence after three years
You are able to view the Skilled Occupation Lists here – https://www.homeaffairs.gov.au/trav/work/work/skills-assessment-and-assessing-authorities/skilled-occupations-lists/combined-stsol-mltssl

English Proficiency: What tests does the Australian Government accept?

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One of the requirements for being approved for a visa in Australia is to meet a set standard for English Proficiency. Most visa applicants are required to demonstrate either vocational or competent English skills. Visa applicants are advised to look at their specific Visa requirements to check the level of English skill they are required to have to apply. The tests which are recognised and accepted by the Australian Government are the International English Language Testing System, the Occupational English Test, the Test of English as a Foreign Language internet-Based Test, the Pearson Test of English and the Cambridge English: Advanced test.

When applying for a visa, an English proficiency test needs to have been undertaken in the three years prior to lodging the application. Further, if the results of a Cambridge: Advanced English test are being submitted with the application, the test has to have been undertaken on or after January 1st 2015.

A valid passport which has been issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland to a citizen of the country is also considered proof of English proficiency, and as such visa applicants from those countries are exempt from having to undertake the following tests.

International English Language Testing System (IELTS)

The IELTS test is designed to assess the language ability of people who want to study or work where English is the language of communication. It’s recognised and accepted by more than 9000 organisations worldwide, including universities, employers, professional bodies, immigration authorities and other government agencies. There are two different modules IELTS tests available, IELTS Academic and IELTS General Training, and the one which is undertaken is dependent on the reasons of the test taker for taking the English proficiency test.

The Listening component takes approximately 30 minutes and consists of 40 questions, including, but not limited to, multiple choice, matching, diagram labelling, table completion and short answer questions. There is four sections, the first being a conversation between two people, the second is a monologue set in an everyday social context, the third a more complex conversation between up to four people in an educational context, and the fourth is a monology on an academic subject, with each section only being heard once.

The Reading component takes 60 minutes, consists of 40 questions and has three sections, of which the total test length is usually between 2150 and 2750 words. There is a wide range of reading skills assessed, including understanding the gist of the reading, the main ideas of the reading, recognising and understanding the detail, understanding inferences and implied meanings, recognising writer’s opinions, attitudes and purpose and following the development of an argument.

There are two sections to the Writing component, the first requiring at least 150 words and the second requiring 250 words, and it runs for 60 minutes. The types of writing tasks that are expected to be completed is dependent on the type of IELTS module the person is undertaking, however the tasks will assess the ability of the person to write a response which is appropriate in terms of content, the organisation of ideas and the accuracy and range of vocabulary and grammar.

The final section is the Speaking component, which only takes between 11 and 14 minutes. There is an introduction and a short interview on familiar topics, followed by an individual presentation on a topic which is presented to the person during the section. After being given a minute to prepare, the person will then speak on the topic and the component will conclude with another interview, this time based around the topic of the presentation. Persons are assessed based on the ability to communicate opinions and information, the ability to speak at length, and the ability to express and justify opinions and analyse and discuss and speculate about issues.

Results are available thirteen calendar days after the test is completed. There is also no restrictions on retaking the IELTS, you can register for a test as soon as you feel ready to do so.

Occupational English Test (OET)

The OET is a respected international English language test for the healthcare sector. It accurately reflects the ability to communicate in an English-speaking healthcare workplace, as the test materials consist of real life workplace scenarios. The OET is recognised by healthcare boards and councils in Australia, New Zealand and Singapore, with many organisations, including hospitals, universities and colleges using OET as proof of a candidate’s ability to communicate effectively in a demanding healthcare environment.

The listening test consists of two sections, the first assessing your ability to follow facts during a consultation and the second assessing your ability to understand a short talk on a health related topic which may occur within the workplace. Comprehension is assessed via multiple choice, short answer and other means including sentence completion and completing tables.

The reading test consists of a summary task, where you have to create a short summary paragraph of three to four short texts related to a single topic. The second part of the reading section assesses the ability to read and understand comprehensive texts on health related topics similar to academic or professional journals and requires a set of multiple choice questions to be answered. The writing task is usually to write a letter, usually this is a referral letter, however it could also be a letter of transfer or discharge, or a letter to inform or advice a patient, carer or group. Performance is marked based upon the criterion of task fulfilment, appropriateness of language, comprehension of stimulus, linguistic features and presentation features.

Finally, in the speaking section participants are examined in a role-play scenario. The scenarios areas based on typical workplace situations and assesses overall communicative effectiveness, intelligibility, fluency, appropriateness and resources of grammar and expression

Test of English as a Foreign Language Internet-Based Test (TOEFL iBT)

The TOEFL iBT test is delivered via the internet and measures the ability of applicants to use and understand English at the university level, by evaluating how well applicants combine listening, reading, speaking and writing skills to perform academic tasks. More than 30 million people have taken the test online, with more than 9000 colleges, agencies and other institutions in over 130 countries accepting TOEFL scores, including Australia and the UK in regards to satisfying visa language requirements.

The reading section consists of between 36 to 56 questions, answered after reading three or four passages sourced from academic tests. This is followed by the listening test where the applicant listens to lectures, classroom discussions and conversations and is then required to answer questions. The speaking task requires the participant to express and opinion on a familiar topic and to speak based on the prior reading and listening tasks. Finally, the test concludes with a writing task which requires the participant to write an essay response to the reading and listening task, and supporting their own opinion via writing.

Pearson Test of English (PTE) Academic

PTE Academic is a computer-based test of English for study abroad and immigration. PTE Academic is accepted by thousands of universities worldwide in the UK, Australia, Canada, New Zealand, Ireland and the USA, including Harvard and Yale, and is also accepted for visa purposes by the Australian government. Usually results are available within five working days.

PTE Academic assesses listening, reading, speaking and writing within a single three hour test session, using real life academic content during the assessment, including excerpts from lectures and graphs and charts. During the speaking and writing section participants will be required to read aloud, repeat sentences, re-tell lectures, answer short questions and write an essay, among other things. During the reading section, they will answer various questions, including fill in the blanks and multiple choice. The final listening question will require them to summarise spoken test, answer multiple choice questions, write from diction and highlight the correct summary.

Cambridge English: Advanced

The final test accepted by the Australian government to demonstrate English proficiency in the Cambridge English: Advanced test, however only tests that were undertaken on or after January 1st are eligible for use in a visa application. A qualification with a Cambridge English: Advanced demonstrates that the person is able to follow an academic course at a university level, communicate effectively at a managerial and professional level, participate with confidence in workplace meeting or academic tutorials or seminars, and express themselves with a high level of fluency.

The exam is about four hours in length, with four different sections. Reading and Use of English demonstrates that the participant can deal confidently with different types of texts and that they can control their grammar and vocabulary. The writing section requires that two different pieces of writing are created, including but not limited to essays, letters, reports and reviews. The listening task tests ability to follow and understand a range of spoken materials and the speaking section tests the participants’ ability to communicate effectively in face-to-face situations.

Working Holiday Visa changes

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Basically, the proposal isthat as of the 1 July 2016, the 417 and 462 working holiday visa holders will NOT receive the tax free threshold of $18k, meaning they will be taxed from the first dollar they earn. They will have their tax status changed from one of resident, to one of non-resident e.g. the first $18,200 tax free threshold will be removed and they will be taxed from $0 (the first dollar earnt).

This means they will pay more tax than Australian residents or international people on 457 visas working in the same job as them.

This might be a good time for both individuals and companies employing people on working holiday visas to look at their individual ability to move to the 457 visa before the end of June 2016 so that they can be taxed the same as an Australian resident going forward.

Apart from the obvious issues this will cause the rural and hospitality industries, who are quite rightly arguing this at the moment, it will also affect several other organisations who employ working holiday visa holders in permanent roles. If this is not changed before the end of June 2016, then as of 1 July 2016, these individuals will be taxed higher than the person sitting next to them who is either an Australian resident or on a 457 work visa. This would most probably lead to them asking for an increase in wages to counteract the net income loss they will incur.

Some people on a 417 or 462 working holiday visa will be eligible to move across to the 457 work visa and both them and their employers should look at this urgently so it does not cause the discussion around increase in pay rates which will be inevitable and the possibility of losing the person all together.

To see if they/you qualify for a 457 visa download the My Migration app now!

For further information on this proposed change, visit: http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/BudgetReview201516/Holiday

457 Visa – Freedom to work wherever you want

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There is a lot of confusion surrounding the rules of the 457 visa, being involved in Australian migration, we get a lot of enquiries regarding its limitations. One thing we’re asked on several occasions is, “can I work for whoever I want?”…

In theory, yes, the 457 visa can allow you to work wherever you like, you are free to apply and work for any Australian company that is willing to become your sponsor, you can even change jobs just like any Australian Permanent resident or citizen.



In fact, the Human Resource (HR) law of Australia is applicable to 457 visa holders, therefore you must be treated in accordance with the Australian HR laws, but also abide by the immigration rules set around 457 employment.



Basically, there are two parts to the sponsorship, one is the entity that wants to sponsor you – it has to get an agreement with the Department of Immigration and can apply to sponsor you. The sponsoring entity does not hold your 457 visa, you hold your 457 visa approval, and you can have that approval moved to another sponsor at any time without the permission of your existing sponsor.



The entity sponsoring you for your 457 visa cannot hold you back to stay with them, nor can they threaten you with being kicked out of the country, they can however cancel their sponsorship. In which case you will have 90 days to find a new company to sponsor and employ you. You are free to move to another employer as long as you acquire another sponsor for your 457 and do not work outside the skill set you have been/can be sponsored under.



The Immigration Department wants this visa to allow skilled individuals to be able to stay and move around if they can find further work; they want to keep the skill in Australia. That’s why they allow 90 days for you to find further work if your current employment ceases or if you are not happy working where you are, you have 90 days to find another sponsor.



In some cases, you can work through an approved 457 on-hire company; this automatically allows you more free movement around jobs, as well as allowing you to change on-hire companies.



For more information contact us at info@mymigration.net.au. In the meantime, enjoy working in Australia..