TSS SC482 Visa: Skills Assessment, Qualifications, and Employment Background
The Temporary Skill Shortage (TSS) visa (Subclass 482) allows Australian employers to sponsor a foreign skilled worker to fill a position in their business. Applicants must demonstrate that they meet the skills and qualifications required for the nominated occupation.
Are all Skills Assessments mandatory for TSS (Subclass 482)?
No. However, some TSS 482 visa applicants must undergo a mandatory skills assessment before lodging their application. If evidence of successful completion of this assessment is not already provided at the time of application, the Department of Home Affairs (DOHA) will request it.
Which Situations Do Not Require Skills Assessment?
Applicants, depending on their background and nominated occupation, may not need to do a skills assessment. For those applicants who are not required to complete a mandatory skills assessment, DOHA will evaluate whether:
Sufficient Evidence is Provided: The applicant must present adequate documentation demonstrating that they meet the skills requirements. This might include:
Academic transcripts (e.g., for a lawyer, transcripts from a law degree)
Evidence of practical professional training
A comprehensive CV/Resume
Work references detailing previous experience
Further Information May Be Requested: If the initial evidence is insufficient (e.g., unclear CV or lack of work references), DOHA may request additional documentation to assess compliance with the skills requirement.
Discretionary Skills Assessment: In some cases, DOHA may decide to request a discretionary skills assessment based on the provided information.
What Circumstances Will Require Additional Evidence?
DOHA may require further evidence, such as formal qualifications or employment references, under the following circumstances:
Concerns about the validity of the documentary evidence provided.
Issues regarding the Registered Training Organisation (RTO) that issued the qualification, particularly if a qualification was obtained through Recognised Prior Learning (RPL).
The nominated occupation differs from the applicant's current occupation, especially if it falls into a different ANZSCO unit group.
Discrepancies between the applicant's qualifications/experience and the requirements for the nominated occupation.
What about Sport-Related Occupation?
Special Considerations may apply to sport-related occupations as they often require prominent levels of physical fitness, commitment, and relevant experience rather than formal qualifications. Essential criteria for eligibility include:
Employment Record: Applicants should have a history as an elite full-time professional in the nominated occupation.
Recent Experience: According to Australian standards, this must include substantial time as a full-time elite player or coach.
Relevant Experience: Must exclude trainee, apprentice, or non-professional experience.
Nominated Position Restrictions: The applicant should not need to supplement their sporting activities with other work or income.
If a visa applicant has at least three years of elite-level professional experience in the nominated occupation, DOHA may consider the skills requirement met without further inquiry. Applicants must substantiate their elite status with:
Income Records: Demonstrating that income aligns with national standards and is their principal income source.
References: From the relevant national administrative body of the sport to verify skill level and income.
Additional information on Skills Assessment for Work Visas:
Former holders of Subclass 485 (Temporary Graduate) or Subclass 500 (Student) visas who submit evidence of a successful Job Ready Program Final Assessment in their nominated occupation may meet the skills requirements without further investigation.
Australian Recognised Trades Certificates (ARTCs) are specific to certain purposes and are not acceptable for migration purposes.
How Can Agape Henry Crux Help
Navigating the TSS 482 visa requirements involves providing comprehensive evidence of skills, qualifications, and employment history. Whether through mandatory skills assessments or sufficient documentation, applicants must ensure they meet the necessary criteria to secure their visa. For personalised advice, consulting an immigration professional is recommended.
Contact us at Agape Henry Crux, our Accredited Specialist(s) in Immigration Law, and our team of immigration lawyers, who specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.