Requirements for Temporary Skill Shortage Visa
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This document provides information about the requirements for the Temporary Skill Shortage Visa (subclass 482) in Australia. It explains the eligibility criteria, options available under this visa scheme, and the process of applying. The document also discusses the Labour Agreement Stream and the obligations of the employer. It is a useful resource for individuals and companies interested in bringing skilled workers to Australia.
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Temporary Skill Shortage Visa
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Temporary Skill Shortage Visa
To
Mr. David Myer
123 Princes Highway
Sale Vic 3850
Australia
Re: Requirements for Temporary Skill Shortage Visa
Dear David
In furtherance to our discussions during our last meeting regarding the captioned matter, we
would like to present our opinion as follows:
We understand that Mr. Jacob Hasan, who was born in Iraq, is a well-skilled petroleum
engineer. He has been residing in Britain since the year 2007 and has also been granted
British citizenship. His current work at Jaguar Motors is inspiring.
We also note that he has innovative ideas and products to revolutionise the automobile
industry by being able to run vehicles on water as fuel. We appreciate your thoughts to bring
this technology to Australia.
As regards Mr. Jacob Hasan’s visa to Australia, we suggest applying under the Temporary
Skill Shortage Visa (subclass 482), (also termed as “TSS Visa”) which was recently
introduced in the month of March in the year 2019. These visas are a result of the Migration
Act of 1958, which has been amended a few times to remain current.
The Migration Act 1958 deals with the entry and presence in Australia along with the
departure or deportation. Subsection 504 (1) of this Act grants power to the Governor-
General to make rules and regulations for executing this Act.
The legislation that incorporated these provisions like temporary visa is the Migration
Amendment (New Skilled Regional Visas) Regulations 20191.
Under this scheme, the basic eligibility criteria is as follows2:
i) He must be nominated for skilled position by a sponsor, who is approved (which
in the case will be you or your company)
ii) He must have the right skills to perform the job(this condition would be met by
Mr. Jacob Hasan being qualified petroleum engineer)
iii) He should have the appropriate English language skills (being a British passport
holder, Mr. Jacob Hasan can claim waiver to giving any tests to assess his English
language proficiency skills)
1https://www.legislation.gov.au/Details/F2019L00578/Explanatory%20Statement/Text
2https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing
2
To
Mr. David Myer
123 Princes Highway
Sale Vic 3850
Australia
Re: Requirements for Temporary Skill Shortage Visa
Dear David
In furtherance to our discussions during our last meeting regarding the captioned matter, we
would like to present our opinion as follows:
We understand that Mr. Jacob Hasan, who was born in Iraq, is a well-skilled petroleum
engineer. He has been residing in Britain since the year 2007 and has also been granted
British citizenship. His current work at Jaguar Motors is inspiring.
We also note that he has innovative ideas and products to revolutionise the automobile
industry by being able to run vehicles on water as fuel. We appreciate your thoughts to bring
this technology to Australia.
As regards Mr. Jacob Hasan’s visa to Australia, we suggest applying under the Temporary
Skill Shortage Visa (subclass 482), (also termed as “TSS Visa”) which was recently
introduced in the month of March in the year 2019. These visas are a result of the Migration
Act of 1958, which has been amended a few times to remain current.
The Migration Act 1958 deals with the entry and presence in Australia along with the
departure or deportation. Subsection 504 (1) of this Act grants power to the Governor-
General to make rules and regulations for executing this Act.
The legislation that incorporated these provisions like temporary visa is the Migration
Amendment (New Skilled Regional Visas) Regulations 20191.
Under this scheme, the basic eligibility criteria is as follows2:
i) He must be nominated for skilled position by a sponsor, who is approved (which
in the case will be you or your company)
ii) He must have the right skills to perform the job(this condition would be met by
Mr. Jacob Hasan being qualified petroleum engineer)
iii) He should have the appropriate English language skills (being a British passport
holder, Mr. Jacob Hasan can claim waiver to giving any tests to assess his English
language proficiency skills)
1https://www.legislation.gov.au/Details/F2019L00578/Explanatory%20Statement/Text
2https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing
2
Temporary Skill Shortage Visa
Further, under this scheme, there are options to choose from Short-term Stream and Medium-
term Stream. Under the Short-term stream, the employer can attend the shortage of labour on
a short-term basis by ensuring that skilled worker is brought from any other countries, but the
same can only be done after the same skilled labour is not available in the country.
The same short-term labour can stay in Australia from 2 to 4 years in case of an International
Trade Obligation (ITO).
Under the Medium-term stream, on the same lines as short-term stream, the employer can
similarly take care of the labour shortage from overseas if the same skill-set is not available
in Australia.
The medium-term stay in the country can be up to 4 years.
Another options for visa is Labour Agreement Stream. Under the labour agreement stream, a
skilled employee can be nominated by an employer with a Labour Agreement. There is no
condition if the same skill-set is available in Australia. This helps to provide to secure easy
stay in Australia on a temporary basis. The labour agreement program can only be used for
skilled workers and not for non-skilled ones. It is applicable in the present matter since Mr.
Jacob Hasan falls under the category of skilled persons.
The duration of stay can be for 4 years and is dependent on the terms specified in the labour
agreement, which is executed before-hand with the employer.
We suggest that in the present scenario, this is the best-suited option to apply under the TSS
Visa scheme.
Your company (Innovative Technology & Engineering) must enter into an agreement with
Mr. Jacob Hasan. We are of the opinion that in this agreement, you must clearly define the
terms and conditions of his employment along with the financial benefits to each party with a
plan to chart the future strategy of the car once it is in production.
With this visa, Mr. Jacob Hasan can work in Australia for a duration of 4 years with your
company alone. He can even travel to and fro from Australia for any number of times and for
as much duration during the validity of this visa. There will be no conditions on his
movement from the country.
However, a condition which must be satisfied is that he must not require any assistance from
the Australian government regarding his study. As Mr. Jacob Hasan is qualified petroleum
engineer and also has quite a lot of working experience is this field, we do not foresee any
need of government assistance in the present matter.
The most important document under this visa is the labour agreement between Mr. Jacob
Hasan and your company, Innovative Technology and Engineering.
Further, in case the innovative project which you aspire to complete in Australia requires
more time of stay of Mr. Jacob Hasan, then there would be an option to extend his visa.
Before his visa is expiring and your company does wish to continue with their sponsorship,
then your company submits a new form for his nomination at that time and then, Mr. Jacob
Hasan can apply for a new visa.
3
Further, under this scheme, there are options to choose from Short-term Stream and Medium-
term Stream. Under the Short-term stream, the employer can attend the shortage of labour on
a short-term basis by ensuring that skilled worker is brought from any other countries, but the
same can only be done after the same skilled labour is not available in the country.
The same short-term labour can stay in Australia from 2 to 4 years in case of an International
Trade Obligation (ITO).
Under the Medium-term stream, on the same lines as short-term stream, the employer can
similarly take care of the labour shortage from overseas if the same skill-set is not available
in Australia.
The medium-term stay in the country can be up to 4 years.
Another options for visa is Labour Agreement Stream. Under the labour agreement stream, a
skilled employee can be nominated by an employer with a Labour Agreement. There is no
condition if the same skill-set is available in Australia. This helps to provide to secure easy
stay in Australia on a temporary basis. The labour agreement program can only be used for
skilled workers and not for non-skilled ones. It is applicable in the present matter since Mr.
Jacob Hasan falls under the category of skilled persons.
The duration of stay can be for 4 years and is dependent on the terms specified in the labour
agreement, which is executed before-hand with the employer.
We suggest that in the present scenario, this is the best-suited option to apply under the TSS
Visa scheme.
Your company (Innovative Technology & Engineering) must enter into an agreement with
Mr. Jacob Hasan. We are of the opinion that in this agreement, you must clearly define the
terms and conditions of his employment along with the financial benefits to each party with a
plan to chart the future strategy of the car once it is in production.
With this visa, Mr. Jacob Hasan can work in Australia for a duration of 4 years with your
company alone. He can even travel to and fro from Australia for any number of times and for
as much duration during the validity of this visa. There will be no conditions on his
movement from the country.
However, a condition which must be satisfied is that he must not require any assistance from
the Australian government regarding his study. As Mr. Jacob Hasan is qualified petroleum
engineer and also has quite a lot of working experience is this field, we do not foresee any
need of government assistance in the present matter.
The most important document under this visa is the labour agreement between Mr. Jacob
Hasan and your company, Innovative Technology and Engineering.
Further, in case the innovative project which you aspire to complete in Australia requires
more time of stay of Mr. Jacob Hasan, then there would be an option to extend his visa.
Before his visa is expiring and your company does wish to continue with their sponsorship,
then your company submits a new form for his nomination at that time and then, Mr. Jacob
Hasan can apply for a new visa.
3
Temporary Skill Shortage Visa
In case, Mr. Jacob Hasan wishes to apply for permanent residence in Australia, he can do the
same by applying under either the Employer Nomination Scheme (subclass 186) or Regional
Sponsored Migration Scheme (subclass 187).
The option of Subsequent Entrant helps to bring together the families of visa holders in the
country. We understand that in the present case, this is not required, since Mr. Jacob Hasan is
single and has no other family members to join him in Australia.
Kindly take note of the following few important elements of visa under Labour Agreement
Scheme:
The cost for an application is approximately AUD2455. There are additional costs for
dependents, which are not required in the present matter.
There might be additional expenses like charges for conducting English language tests, health
check-ups, police verification certificates and biometrics of the applicant.
The application form for this visa can be filed from either outside the country or within the
country. In case, Mr. Jacob Hasan is visiting Australia before filing form for this visa, he
must have a valid substantive visa or bridging visa of types A, B or C.
The processing time for application of this visa is dependent on the accuracy of details
provided with the application, copies of all evidentiary documents must be submitted along
with the application and all information must be promptly provided if asked for
As an applicant, Mr. Jacob Hasan is obligated to meet all the conditions laid down in the visa
application form. He must also obey all Australian laws. It is also mandatory that his
employment with your company must begin within 90 days of either date of entry in
Australia after the grant of visa or the date of grant of visa if he is already in Australia.
During his travels to and fro from Australia, he must keep in mind that the duration for which
he is away from Australia will not help him to extend his visa.
The Visa label will be digitally linked to the passport of Mr. Jacob Hasan and that there will
be no physical label in his passport.
It is also pertinent to note that Mr. Jacob Hasan can only work with your company alone
since he would enter into the labour agreement with your company alone and not any other
company.
Let us know look at the obligations, which you need to fulfill as an employer:
The first and foremost step is that of nomination, which implies that a person is identified to
fill a position in the business. This step has already been completed in the present matter
since you have chosen Mr. Jacob Hasan to work in your business.
The next step is the labour agreement, which was introduced through the amendment to
Migration Act. Kindly note that the employer can only use the labour agreement as the basis
to nominate the overseas employee and that the work related details must be unambiguously
indicated in the said agreement.
4
In case, Mr. Jacob Hasan wishes to apply for permanent residence in Australia, he can do the
same by applying under either the Employer Nomination Scheme (subclass 186) or Regional
Sponsored Migration Scheme (subclass 187).
The option of Subsequent Entrant helps to bring together the families of visa holders in the
country. We understand that in the present case, this is not required, since Mr. Jacob Hasan is
single and has no other family members to join him in Australia.
Kindly take note of the following few important elements of visa under Labour Agreement
Scheme:
The cost for an application is approximately AUD2455. There are additional costs for
dependents, which are not required in the present matter.
There might be additional expenses like charges for conducting English language tests, health
check-ups, police verification certificates and biometrics of the applicant.
The application form for this visa can be filed from either outside the country or within the
country. In case, Mr. Jacob Hasan is visiting Australia before filing form for this visa, he
must have a valid substantive visa or bridging visa of types A, B or C.
The processing time for application of this visa is dependent on the accuracy of details
provided with the application, copies of all evidentiary documents must be submitted along
with the application and all information must be promptly provided if asked for
As an applicant, Mr. Jacob Hasan is obligated to meet all the conditions laid down in the visa
application form. He must also obey all Australian laws. It is also mandatory that his
employment with your company must begin within 90 days of either date of entry in
Australia after the grant of visa or the date of grant of visa if he is already in Australia.
During his travels to and fro from Australia, he must keep in mind that the duration for which
he is away from Australia will not help him to extend his visa.
The Visa label will be digitally linked to the passport of Mr. Jacob Hasan and that there will
be no physical label in his passport.
It is also pertinent to note that Mr. Jacob Hasan can only work with your company alone
since he would enter into the labour agreement with your company alone and not any other
company.
Let us know look at the obligations, which you need to fulfill as an employer:
The first and foremost step is that of nomination, which implies that a person is identified to
fill a position in the business. This step has already been completed in the present matter
since you have chosen Mr. Jacob Hasan to work in your business.
The next step is the labour agreement, which was introduced through the amendment to
Migration Act. Kindly note that the employer can only use the labour agreement as the basis
to nominate the overseas employee and that the work related details must be unambiguously
indicated in the said agreement.
4
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Temporary Skill Shortage Visa
It is also important that before the nomination is submitted, your company must conduct a
labour market testing to ascertain the salary of Mr. Jacob Hasan along with the requirements
of his employment.
Once the labour agreement is negotiated, the process is two-fold consisting of nomination by
the employer as first step followed by filing application of the visa by the said nominee.
For the filing of nomination, it is important that the following conditions are met with:
i) the nomination is based on the Labour Agreement between the employer and
employee;
ii) the terms and conditions of employment are mentioned in the Agreement;
iii) nominee is not above 45 years of age; (Mr. Jacob Hasan was born in the year 1982,
thus he is 37 years of age)s
iv) the requisite qualification for the employment and skills must also be clearly
mentioned in the Labour Agreement.
The key aspect which governs this visa is the Labour agreement3. The Labour agreement here
refers to the formal agreement negotiated between your company (Australian employer) and
the Australian Government. It is only after this agreement that the overseas employee can be
sponsored for his visa application for working in Australia. These agreements help the
employers to address skill based needs of their business and for ensuring that the Australian
citizens are not negatively impacted by the decision. It is also important to note that the visa
granted under this scheme is temporary unless the agreement clearly defines the path for
permanent residence.
In the present matter, you may consider the option of company specific labour agreements
since the existing industry specific labour agreements do not cover automobile industry.
The company specific labour agreement must be entered in to directly with the employer.
There are no standard terms and conditions to be followed and that the same are decided on a
coase-to-case basis.
The Australian government may consider the company specific labour agreement only if:
• genuine skill is not already available as per an industry agreement; and
• the designated area migration agreement or project agreement is not in place.
Further, it is advised that your company provides an evidence-based case to demonstrate the
business need for employment of Mr. Jacob Hasan based on his exceptional skills and
provides assurance to the government that all the minimum requirements of labour agreement
will be met with.
Your company must be able to provide the exact details of the new prototype of the car which
has been created. It is ideal that the basic working details of the project are acquired from Mr.
Jacob Hasan to clarify in the company specific labour agreement. This would help the
government to understand process, wherein water is being transformed in to Hydrogen by
removing its Oxygen component and then, Hydrogen is being used as fuel to run the
3Australian Government, Department of Home Affairs, Labour agreement program information guide, April
2018.
5
It is also important that before the nomination is submitted, your company must conduct a
labour market testing to ascertain the salary of Mr. Jacob Hasan along with the requirements
of his employment.
Once the labour agreement is negotiated, the process is two-fold consisting of nomination by
the employer as first step followed by filing application of the visa by the said nominee.
For the filing of nomination, it is important that the following conditions are met with:
i) the nomination is based on the Labour Agreement between the employer and
employee;
ii) the terms and conditions of employment are mentioned in the Agreement;
iii) nominee is not above 45 years of age; (Mr. Jacob Hasan was born in the year 1982,
thus he is 37 years of age)s
iv) the requisite qualification for the employment and skills must also be clearly
mentioned in the Labour Agreement.
The key aspect which governs this visa is the Labour agreement3. The Labour agreement here
refers to the formal agreement negotiated between your company (Australian employer) and
the Australian Government. It is only after this agreement that the overseas employee can be
sponsored for his visa application for working in Australia. These agreements help the
employers to address skill based needs of their business and for ensuring that the Australian
citizens are not negatively impacted by the decision. It is also important to note that the visa
granted under this scheme is temporary unless the agreement clearly defines the path for
permanent residence.
In the present matter, you may consider the option of company specific labour agreements
since the existing industry specific labour agreements do not cover automobile industry.
The company specific labour agreement must be entered in to directly with the employer.
There are no standard terms and conditions to be followed and that the same are decided on a
coase-to-case basis.
The Australian government may consider the company specific labour agreement only if:
• genuine skill is not already available as per an industry agreement; and
• the designated area migration agreement or project agreement is not in place.
Further, it is advised that your company provides an evidence-based case to demonstrate the
business need for employment of Mr. Jacob Hasan based on his exceptional skills and
provides assurance to the government that all the minimum requirements of labour agreement
will be met with.
Your company must be able to provide the exact details of the new prototype of the car which
has been created. It is ideal that the basic working details of the project are acquired from Mr.
Jacob Hasan to clarify in the company specific labour agreement. This would help the
government to understand process, wherein water is being transformed in to Hydrogen by
removing its Oxygen component and then, Hydrogen is being used as fuel to run the
3Australian Government, Department of Home Affairs, Labour agreement program information guide, April
2018.
5
Temporary Skill Shortage Visa
automobile vehicle. It will be wise to demonstrate the future of this project including Its
impact on environment as well as the possible growth of economy.
We also opine that a detailed business proposal must be submitted to the government to
showcase the possibility of generation of employment for Australians once the production
unit of cars is set-up based on the inputs and research of Mr. Jacob Hasan.
We also suggest providing current details of your business to warranty that your company is
an Australian registered business and has good standing in the market. This would help in
easy approval of the Labour Agreement based on the track record of your existing legally
compliant and active entity. Please note that there should be no ‘adverse information’
regarding your existing business to assist the government in considering the company specific
labour agreement. Here, adverse information may relate to non-compliance of laws of the
land, any existing investigation against your company, administrative action for any possible
breach of law, insolvency (under section 95A of the Corporations Act 2001) or providing any
misinformation to any authority in question.
If required, we can assist you in drafting, formulating and submitting the company specific
labour agreement.
We would be happy to assist you in all steps for procuring TSS Visa.
Yours truly
ABC
6
automobile vehicle. It will be wise to demonstrate the future of this project including Its
impact on environment as well as the possible growth of economy.
We also opine that a detailed business proposal must be submitted to the government to
showcase the possibility of generation of employment for Australians once the production
unit of cars is set-up based on the inputs and research of Mr. Jacob Hasan.
We also suggest providing current details of your business to warranty that your company is
an Australian registered business and has good standing in the market. This would help in
easy approval of the Labour Agreement based on the track record of your existing legally
compliant and active entity. Please note that there should be no ‘adverse information’
regarding your existing business to assist the government in considering the company specific
labour agreement. Here, adverse information may relate to non-compliance of laws of the
land, any existing investigation against your company, administrative action for any possible
breach of law, insolvency (under section 95A of the Corporations Act 2001) or providing any
misinformation to any authority in question.
If required, we can assist you in drafting, formulating and submitting the company specific
labour agreement.
We would be happy to assist you in all steps for procuring TSS Visa.
Yours truly
ABC
6
Temporary Skill Shortage Visa
BIBLIOGRAPHY
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing
https://www.legislation.gov.au/Details/F2019L00578/Explanatory%20Statement/Text
Australian Government, Department of Home Affairs, Labour agreement program
information guide, April 2018.
7
BIBLIOGRAPHY
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing
https://www.legislation.gov.au/Details/F2019L00578/Explanatory%20Statement/Text
Australian Government, Department of Home Affairs, Labour agreement program
information guide, April 2018.
7
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