The Department of Home Affairs has updated its policy regarding the work experience requirement for Subclass 482 Temporary Skill Shortage (TSS) visa applicants.
As a result of this change to immigration policy, there is no longer an expectation that work experience has been undertaken in the last five years to satisfy the work experience requirement.
It is also no longer a requirement that the work be full-time to meet the 482 TSS visa work experience requirement, although full-time work is still preferred and would weigh strongly in an applicant’s favour.
This change is significant as it provides greater flexibility for applicants to meet the work experience requirement to qualify for a TSS visa.
In this article, we examine how this change to immigration policy applies, and makes it easier to qualify for a Subclass 482 TSS visa.
What Are The Current TSS Work Experience Requirements?
To qualify for a Subclass 482 TSS visa, you must meet the prescribed visa grant criteria. As the primary applicant, this includes criteria relating to your skills in your nominated occupation.
The primary applicant must satisfy both common criteria (to be met by all primary TSS visa applicants) and additional criteria (which is based on the visa stream for which you are applying, i.e. Short-term, Medium-term or Labour Agreement stream).
Common Visa Grant Criteria
One visa grant requirement that must currently be satisfied by all primary TSS visa applicants is to demonstrate that you:
‘… have the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.’
This is an overarching common criterion that must be met by primary applicants under the Short-term, Medium-term and Labour Agreement streams.
How Is This Requirement Assessed?
Immigration policy stipulates that when assessing this requirement:
‘… the Australian and New Zealand Standard Classification of Occupations (ANZSCO) should be referred to as the principal source of information on the skill requirements for the nominated occupation, that is, the level of qualification required and/or the number of years of experience an applicant should have to be able to perform the occupation.’
Under ANZSCO, certain occupations require a qualification. Relevant experience and registration/licensing may also be required.
For example, secondary school teachers generally require a Bachelor degree or higher qualification. In some instances, relevant experience and/or on-the-job training may be required in addition to the formal qualification. TSS visa applicants nominating this occupation cannot substitute work experience for a relevant qualification. They must have a bachelor degree or higher to meet the ANZSCO indicative skill level for the occupation of secondary school teacher.
For other occupations, a specified number of years of relevant experience may substitute for a qualification, such as for massage therapists. A TSS visa applicant nominating this occupation who demonstrates at least three years of relevant experience to substitute for a relevant qualification will still be required to meet the ANZSCO indicative skill level for this occupation (i.e. three years of relevant experience) to meet the common criterion outlined above.
The common visa grant criterion that requires the primary TSS visa applicant to have the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation is therefore based on the indicative skill level specified under ANZSCO for the nominated occupation. This means that if a qualification is not held, further work experience will be needed in lieu of a qualification. There are some further considerations when determining if work experience is suitable and exactly how much is needed depending on the qualification that is held, the skill level, and the recency of the work experience.
Please refer to our article on the Reduced 482 TSS Visa Work Experience Requirement To Be Introduced for a further detailed discussion on how this common criterion is assessed and the implications for meeting the TSS work experience requirement.
Additional Criteria For Primary TSS Visa Applicants
In addition to the common criteria outlined above, TSS visa applicants under the Short-term or Medium-term stream must have worked in their nominated occupation or a related field for at least two years to meet the current TSS visa grant criteria.
This requirement also applies to applicants under the Labour Agreement stream. However, the Minister may consider it reasonable in the circumstances to disregard this requirement. This is relevant where the labour agreement in place provides for a concession to this requirement, in which case meeting the work experience requirements outlined in the labour agreement are sufficient.
This requirement is aimed at ensuring that visa applicants are skilled and have experience in the occupation (or a related occupation), and can quickly contribute that experience into the Australian workforce. Thus the intention is that any work experience gained must be completed while working in the nominated occupation, or performing tasks at the same skill level in a related field.
What Was The Position Before The Change To TSS Work Experience Policy?
Before the latest change to immigration policy, there was an expectation that the two years work experience had been undertaken on a full-time basis in the last five years. Policy had also previously stated that casual employment should not be counted towards meeting the work experience requirement.
The Department was, however, able to previously consider work undertaken as a part-time employee that was equivalent to two years full-time, where they were confident that the applicant’s experience and skills were relevant and current.
What Happens Now As A Result Of The Change To TSS Work Experience Policy?
As a result of the latest change to policy, there is no longer an expectation that work experience has been undertaken in the last five years to satisfy the two-year work experience requirement.
The updated policy also states that work experience obtained while working full-time is preferred and would weigh strongly in an applicant’s favour, however, there is no requirement that the work be full-time. This means that equivalent part-time or casual work may be considered. The work experience also does not need to be continuous.
Despite this change to policy, the types of work experience that still cannot be counted towards the work experience requirement include experience gained from voluntary or unpaid employment arrangements.
Some Final Important Points To Consider
In a significant reform to the migration provisions announced in the Federal Budget, commencing from 23 November 2024, the TSS work experience requirement (the additional criteria discussed above) will be reduced from two years down to one year (provided these changes are implemented). This means that TSS 482 visa applicants will only need to demonstrate one year of full-time work experience (instead of two) in their occupation or a related field to qualify for the visa.
Importantly, because the common TSS visa grant criterion which requires all TSS applicants to have ‘the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation‘ is assessed against the indicative skill level as prescribed for the nominated occupation under ANZSCO, for occupations where ANZSCO stipulates that more than two years of work experience is required to substitute for a formal qualification, then that is what is required to meet the TSS work experience requirement. In these cases, the two-year work experience criterion is irrelevant; instead, the work experience period as prescribed in ANZSCO will apply.
The change to TSS work experience policy outlined in this article applies to all occupations nominated for a TSS visa. This means that all TSS visa applicants can count full-time, or equivalent part-time and casual skilled work experience gained in any period, towards meeting the work experience requirement to qualify for a TSS visa.
Finally, please be mindful that, unlike legislation, immigration policy is not legally binding on the Department of Home Affairs. Policy guides the Department in making decisions on applications. And so it is a useful tool to predict how the Department is likely to apply the law to the facts of a case.
Conclusion
To conclude our discussion, this change to TSS work experience policy is significant and will benefit applicants, with a more flexible work experience policy for TSS visa applicants making it easier to meet the requirements to qualify for a TSS visa. The change to policy means that there is no time limit imposed on when the required work experience has been undertaken and allows for full-time, or equivalent part-time or casual employment to be considered. This greater flexibility to qualify for a TSS visa means an easier pathway to permanent residency (for applicants transitioning to a Subclass 186 permanent residence visa).
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