In general, all applicants for a TSS 482 visa (i.e. primary and secondary) can either be inside or outside Australia.
If the application is for a Short-term (ST) stream visa, however, the primary visa applicant must be offshore if all of the below apply:
- They have held more than one ST stream TSS 482 visa
- They were in Australia when the application for their most recent TSS 482 visa was made and
- This requirement would not be inconsistent with any international trade obligation (ITO).
Holders of two ST stream TSS visas in a row (where the second application was made in Australia) can apply for a further visa TSS ST stream visa offshore.
They should, however, be aware that their immigration history may be relevant in terms of whether they are considered to have met the Genuine Temporary Entrant (GTE) requirement for this visa stream.
Employers who are already approved standard business sponsors for subclass 457 will be able to sponsor skilled overseas workers under the TSS visa program:
- If subclass 457 nomination and visa applications are both lodged prior to TSS implementation, they will be processed under the current framework.
- if a subclass 457 nomination application is lodged without an associated 457 visa application being lodged before the commencement of TSS, it will, however, effectively become ‘redundant’ as subclass 457 nominations cannot be linked to TSS 482 visa applications, even where the nomination has already been approved (subject to the specific scenarios below).
- Secondary visa applicants (of 457 visa holders or pending 457 visa applicants) are able to lodge a subsequent dependent TSS application and if they meet requirements, will be granted a TSS 482 visa linked to their family’s subclass 457 visa/nomination application. The validity period of the TSS visa will match the expiry date of the subclass 457 primary visa holder.
- Subclass 457 visa holders whose visa is not expiring but wish to change employer after the implementation of TSS, can get their new employer to lodge a TSS 482 nomination application.
- Subclass 457 visa holders who wish to change occupation or need a new visa (for example: with longer validity), they will, however, need to lodge a new TSS visa application referencing a new TSS nomination application.