The Government recently announced several significant reforms to the migration system in the Federal Budget. One key change announced was a reduced work experience requirement to qualify for a Subclass 482 Temporary Skills Shortage (TSS) visa, to be introduced from late 2024 (subject to its passage through Parliament).
This means from 23 November 2024, provided the changes are implemented, TSS 482 visa applicants only need to demonstrate 1 year of full-time work experience (instead of 2) in their occupation or related field to qualify for the visa.
Note however 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.
In this article, we examine the current TSS visa grant criteria as they apply to work experience and outline how this will change effective from 23 November 2024.
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 which 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, for Accountants, ANZSCO states that:
‘most occupations in this unit group have a level of skill commensurate with 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 (ANZSCO Skill Level 1) Registration or licensing may be required.‘
For other occupations, a specified number of years of relevant experience may substitute for a qualification. This applies to the occupation of Hairdresser which, under ANZSCO, requires:
‘an AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV (ANZSCO Skill Level 3). At least three years of relevant experience may substitute for the formal qualifications. In some instances, relevant experience and/or on-the-job training may be required in addition to the formal qualification.’
For some occupations, a mandatory skills assessment is required. Immigration also has the power to request a skills assessment to demonstrate that the applicant has the required skills, qualifications and experience to perform their nominated occupation.
Will This Common Grant Criterion Change From 23 November 2024?
No, the slated reforms will not change the above ‘common criterion,’ which requires all primary TSS applicants to have ‘the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.’
This criterion will continue to be based on the indicative skill level specified under ANZSCO for the nominated occupation.
And so after the reforms take effect, taking our example of a Hairdresser, 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.
An Accountant, on the other hand, cannot substitute work experience for a relevant qualification. TSS visa applicants nominating this occupation must have a bachelor degree or higher to meet the ANZSCO indicative skill level for this occupation. Again, this common criterion will not change post-23 November 2024.
Criteria For Primary TSS Visa Applicants Under The Short-term And Medium-term Streams
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.
Under immigration policy, the work experience should have been undertaken on a full-time basis in the last five years. This period does not need to be continuous. Immigration may also consider work undertaken as a part-time employee that is equivalent to two years full-time, where they are confident that the applicant’s experience and skills are relevant and current.
This ‘two-year’ work experience requirement is not in addition to any work experience requirements outlined in ANZSCO occupation definitions.
Will This Criteria Change From 23 November 2024?
Yes, commencing from 23 November 2024, the TSS work experience requirement for Short-term and Medium-term stream applicants will be reduced from two years down to one year.
How Will This Change Affect Short-Term And Medium-Term Stream Applicants?
This will only change one aspect of the visa grant criteria as it relates to skilled employment experience in the nominated occupation.
This reform will not change the ‘common criterion,’ which will still require all TSS applicants to have ‘the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation‘ after the changes come into effect.
As discussed above, this common criterion is assessed against ANZSCO. And so taking our earlier example of Hairdressers, TSS visa applicants nominating this occupation who do not have a relevant qualification will still need to demonstrate that they have at least three years of relevant experience to meet the common criteria to qualify for a TSS visa under the Short-term stream (currently, this occupation is not eligible to be nominated under the Medium-term stream). Even though the applicant could meet the additional criterion with only one year of relevant skilled work experience.
Why? Because TSS applicants must satisfy both the common and additional visa grant criteria that apply to the stream which they are applying for.
Contrast this with a Hairdresser who does have a relevant qualification as per ANZSCO. In this case, the applicant will be able to meet both the common criteria and additional criteria with one year of relevant skilled employment experience to qualify for grant of a TSS visa from 23 November 2024.
Criteria For Primary TSS Visa Applicants Under The Labour Agreement Stream
Currently, TSS visa applicants under the Labour Agreement stream must demonstrate that they have worked in their nominated occupation or a related field for at least two years, in addition to the common criteria outlined above.
Alternatively, 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.
Will This Criteria Change From 23 November 2024?
Yes, commencing from 23 November 2024, the TSS work experience requirement will be reduced from two years down to one year.
How Will This Change Affect Labour Agreement Stream Applicants?
The required work experience for an occupation being nominated under a Labour Agreement is currently based on the executed Labour Agreement in place, and this may already stipulate a reduced work experience requirement (which may be less than two years).
When looking at the common criterion, although this applies to labour agreement stream applicants, the Labour Agreement already stipulates the terms and requirements that sponsored TSS visa applicants must satisfy.
Conclusion
To conclude our discussion, it is important to note that this reform will not change the ‘common 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.’ This will continue to be assessed against the indicative skill level as prescribed for the nominated occupation. For occupations where more than two years of work experience is required to substitute for a formal qualification, this will continue to apply from 23 November 2024.
Labour Agreement stream applicants will continue to be assessed based on the work experience requirements as specified in the executed Labour Agreement under which they are sponsored by an employer.
For applicants to whom the reduced one-year work experience requirement will apply, this will be a significant change which will benefit affected applicants by allowing them to qualify for a TSS visa sooner, with less skilled work experience required than is currently the case. And that means a quicker pathway to permanent residency (for applicants transitioning to a Subclass 186 permanent residence visa).
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Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in applying for an Australian visa, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up-to-date advice on your eligibility for an Australia visa, including how the new work experience requirement for TSS visa applicants announced in the Federal Budget may affect you, contact PAX Migration Australia, a leading immigration service providing advice on a range of visas. Contact us for a no-obligation discussion on how we may be able to assist you in achieving your migration goals in Australia.