Countries like the U.K., U.S. or Canada have established clear visa pathway for multinational companies to quickly bring talent into their country through streamlined processes. However, Australia does not have a specific visa category for intra-company transfers within multinational companies. Therefore, companies wishing to send employees to Australia must currently use the standard routes available to all migrants, such as the Temporary Skills Shortage (TSS) Visa.

The TSS Visa (Subclass 482) allows an employer to sponsor a suitably skilled foreign worker to fill a position for which they cannot find a suitably skilled Australian. There are three categories: Short-term stream, Medium-term stream and Labour agreement stream.

A. Short-term Stream Requirements

• The occupation is on the Short-Term Skilled Occupations List (STSOL).

• Stay for up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies. Hong Kong passport holders may stay up to 5 years.

• IELTS 5 with no band less than 4.5.

• At least 1 year of relevant work experience in the nominated position in the past 5 years (prior to 23 November 2024, applicants needed 2 years of relevant full-time work experience).

• A relevant skills assessment if this is required for your occupation.

B. Medium-term stream Requirements

• The occupation is on either the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL).

• Stay up to 4 years. Hong Kong passport holders may stay up to 5 years.

• IELTS 5 in all bands.

• At least 1 year of relevant work experience in the nominated position in the past 5 years (prior to 23 November 2024, applicants needed 2 years of relevant full-time work experience).

• A relevant skills assessment if this is required for your occupation.

C. Labour Agreement Stream

• This stream is for employers who have entered into a labour agreement with the Australian government to bring in foreign workers. This stream is not common and is not covered here.

TSS Application Process for Short-term Stream/ Medium-term Stream

1. Employer applies to be a Standard business sponsor. The employer must:

i. Have a legally established and currently operating business;

ii. No adverse information about the business;

iii. Have strong record of, or demonstrated commitment to, employing local workers;

iv. Must declare not to engage in discriminatory recruitment practices.

2. Employer is approved to be a sponsor

3. Employer nominates employees for a skilled occupation position:

i. Labour market testing (LMT):

• Employers must place 2 valid advertisements for at least 4 weeks within the 4-month period immediately prior to submitting the nomination application;

• LMT can be waived if the nominated employee meets the International Trade Obligation (ITO);

• For Intra-Corporate Transfers, employers should explain the need for an ICT transfer and provide documentation outlining the transfer arrangement.

ii. Salary requirements:

• The nominee will be paid an annual salary of more than AUD250,000; or

• The nominee will be paid at least the Annual Market Salary Rate (AMSR), and not less than the Temporary Skilled Migration Income Threshold (TSMIT) for the nominated position (AUD73,150 for Nomination applications lodged on and between 1 July 2024 and 30 June 2025).

4. Employees apply for the visa

5. Visa outcome is released

Pathways to Permanent Residence

The Australian government has made changes in late 2023 to provide a simpler path to PR for TSS visa holders. To be eligible for the Employer Nomination Scheme (Subclass 186) - Temporary Residence Transition stream, skilled workers only need to work for their Australian employer for at least 2 years on a full-time basis while holding a TSS visa under the new policy. While holding the 186 visa, skilled workers can live and work in Australia permanently.

With a streamlined path to PR for the TSS visa holder, employer sponsorship will become a major focus for future immigration to Australia. The Government has increased the employer sponsored visa quotes from 36,825 visas in 2023–24 to 44,000 visas for the 2024–25 Permanent Migration Program. It is believed that this will allow a greater proportion of temporary migrants to obtain permanent residence through the Temporary Residence Transition Stream.

Nevertheless, the TSS visa could take around 6-10 months (processing time varies on a case-by-case basis) from the time the employer applies for sponsorship to the time the employee arrives in Australia. That is quite a long time if a company wants to bring their employees to Australia to work on immediate projects or investments.  In fact, Jarrod Ball, the chief economist of the Committee for Economic Development of Australia (CEDA), has recommended the introduction of a fast-track for ICT visas in Australia, which would encourage more investment and knowledge transfer from overseas experts.

A comprehensive review of Australia's migration system is currently underway, and the Australian Government is continuing to streamline the requirements for its temporary visa applicants. For the latest updates on the new policy, please visit the Department of Home Affairs official website.

Reference:

1. The Department of Home Affairs. (2024, September 24). Temporary Skill Shortage visa. https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

2. The Department of Home Affairs. (2024, September 23). Nominating a position. https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/overview

3. The Department of Home Affairs. (2023, November 03). Expanding pathways to PR for temporary skilled sponsored workers. https://www.homeaffairs.gov.au/news-media/archive/article?itemId=1136

4. The Department of Home Affairs. (2024, September 23). Migration Program planning levels. https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

5. The Department of Home Affairs. (2024, September 23). Standard business sponsor. https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/becoming-a-sponsor/standard-business-sponsor#Eligibility

6. SBS News. (2022, December 03). Fast-track visas for people to move to Australia with their job could soon be a reality. https://www.sbs.com.au/news/article/fast-track-visas-for-people-to-move-to-australia-with-their-job-could-soon-be-a-reality/ladptwuk9

Related Topics: Your Path from Student Visa to Permanent Residency in Australia

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