The TSS, ENS and RSMS programs are employer sponsored visas for skilled foreign workers in certain occupations. The TSS visa is a temporary visa which has pathways to permanent residence, though this is dependent on a number of factors including the occupation, age, or salary. All of these visas contain a nomination and a visa component.
What can we do for you?
With extensive experience representing the world’s largest corporations, SMEs, and start ups, our staff are well placed to assist with all issues in relation to the employer sponsored visa process, including: business sponsorship applications, nomination applications, compliance and sponsorship bars.
A TSS visa applicant is comprised of three stages, the sponsorship, the nomination and the visa.
Standard Business Sponsorship (SBS) – This is the permission required by any company before it can sponsor employees onto employer sponsored visas visas. Foreign registered companies can apply for approval for an Overseas Business Sponsorship (OBS) in certain circumstances. Generally speaking, the business must demonstrate that it is lawfully and actively operating, provide financial documents, and meet specified training benchmarks. Upon approval, this permission can be granted for up to five years.
Nomination – This requires the business to ‘nominate’ a position within their company, nominate an occupation on a specified list of occupations, provide guaranteed earnings in line with the Temporary Skilled Migration Income Threshold (TSMIT), and pay the nominee in line with Australian market rates. Certain occupations may be required to demonstrate evidence of Labour Market Testing (LMT).
Visa – The visa applicant must demonstrate that they hold the necessary skills (qualifications/work experience), and satisfy identity, English, health and character requirements.
The business seeking to employ must:
- be actively and lawfully operating in Australia; or
- be actively and lawfully operating overseas (not in Australia), and be bringing the visa applicant to Australia either to establish a business operation, or to fulfil contractual obligations).
In addition there must not be any adverse information that is relevant to the business’ suitability as an approved sponsor.
Note that certain businesses may be able to apply for accredited status, which enables them to reeive priority processing for all TSS nomination and visa applications.
The position to be filled must:
- be a genuine, full time position;
- be in the sponsor’s business (or that of an associated entity), and be subject to a written contract of employment (unless exempt);
- have a salary that is (a) at least $53,990 per annum (excluding any non-monetary benefits) and (b) at least the annual market salary rate for the nominated position;
- be subject to conditions fo employment that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location;
- have been subject to Labour Market Testing (LMT). This requires the sponsor to provide evidence that it has advertised the position for 4 weeks in the last 4 months.
- the occupation related to the position must be on the current (a) Medium and Long-term Strategic Skills List (MLTSSL) or (b) Short-term Skilled Occupation List (STSOL).
The visa applicant must:
- have qualifications / work experience that matches the requirements of the nominated position;
- have at least 2 years of experience in the nominated position or relevant field;
- genuinely intend to work int eh nominated position;
- meet any mandatory licensing, registration or professional membership requirements;
- have adequate arrangements for health insurance during their stay in Australia; and
- meet health and character requirements.
Consultation & Assessment
Engagement & Document Request
We offer a simple step by step process to prepare and lodge your application. Following our initial consultation you will have a complete advice setting out a tailored fee schedule, procedure, and timeline.
We have strict service deliverables between each stage to ensure that you can have complete control over your schedule.
Speak to our team directly to determine the timeline for an individual in your circumstances.