Medium Term List for TSS Visa

Employer

The business seeking to employ you 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 known that is relevant to the business’s suitability as an approved sponsor.

NOTE: Adverse information includes (but is not limited to) contraventions of Commonwealth, State or Territory Laws relating to matters such as immigration, industrial relations or taxation; pending investigations or disciplinary actions; being the subject of administrative action for possible contravention of the law; insolvency; or having provided bogus documents or false/misleading information to the Department of Home Affairs (the DOHA).

Accreditation

Certain businesses may be able to apply for accredited status, which enables them to receive priority processing for all TSS nomination and visa applications. Please contact us to check if your employer’s business may be eligible for accreditation.

Nominated Position

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 from this requirement)

NOTE: If the sponsor is located overseas, the position must be located in the sponsor’s business

• have a salary that is:
• at least $70,000 per year (excluding any non-monetary benefits) AND
• at least the annual market salary rate (AMSR) for your nominated occupation

NOTE: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $70,000 per year. The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location. You will be exempt from this requirement if your salary is more than $250,000 per year.

• be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
• be included on:
• the current Medium and Long-term Strategic Skills List (MLTSSL) OR
• the Regional Occupation List (ROL) AND located in a regional area of Australia

NOTE: Certain occupations on these lists will be subject to additional requirements (e.g. work experience, location, type of business operated by sponsor, nature of position). Please contact us for further details based on your particular circumstances.

• have been subjected to ‘Labour Market Testing’ (LMT) i.e. the sponsor must have attempted to recruit a suitably skilled and qualified Australian to work in the nominated position. This requires the sponsor to provide evidence that it has advertised the position within the last 4 months, for a period of at least 4 weeks

NOTE: Alternative LMT criteria apply in certain circumstances. Evidence provided in support of LMT must meet strict criteria regarding the location, type, and content of the advertisement. Sponsors are not required to undertake LMT if an International Trade Obligation applies. Please contact us for further information regarding the type of LMT required for your nomination.

Visa Applicant

As the visa applicant, you must:

• have skills (qualifications and/or work experience) that match those required for the nominated position

NOTE: Certain applicants will be required to undergo a formal skills assessment, which must be commenced prior to lodging the visa application. Please contact us for further details based on your particular circumstances.

• have at least two years of full-time experience (or the part-time equivalent) in your nominated occupation (or a related field)
• genuinely intend to work in the nominated position
• meet any mandatory licensing, registration, or professional membership requirements
• have made adequate arrangements for health insurance during your stay in Australia, and meet the relevant health and character criteria
• have the required level of English proficiencye.
• hold a valid passport issued by the UK, USA, Canada, New Zealand, or the Republic of Ireland (and you are a citizen of that country) OR
• an IELTS test score of at least 5 in EACH test component OR
• an OET test score of at least B in EACH test component OR
• a TOEFL iBT overall test score of at least 35 (with a minimum of 4 for listening, 4 for reading, 14 for writing and 14 for speaking) OR
• a PTE test score of at least 36 in EACH test component OR
• a CAE test score of at least 154 in EACH test component

NOTES: In each case, the test must have been undertaken within the last three years.

You are exempt from this requirement if you have completed at least five years of full-time study in a secondary or higher education institution where all instruction was conducted in English. Other exemptions also apply to a limited set of applicants – please contact us for further details.