An employer is typically eligible to nominate an employee if it:

• Is an Approved Standard Business Sponsor
• Has a genuine position available;
• Conducts labour market testing* to show that a suitable Australian worker is not available for the position; and
• Will pay the annual market salary to the nominated employee.

Labour Market Testing must have been undertaken:

• For a period of four weeks; and
• Not more than four months before the date the nomination is submitted.

In general, an employee is eligible for the TSS visa if they:

• Have been successfully nominated by approved employer for an occupation on one of the Skills List

• Have worked in the nominated occupation for at least two years;
• Meet English Language proficiency requirement
• Have health insurance; and
• Meet the Health, Character, Visa History and Genuine Temporary Entrant

The Employer must apply to be an Approved Business Sponsor by submitting a Sponsorship Application.

Processing time: approximately 1-2 months

To be successful, the employer must show that it:

• Is legally established and currently operating;
• Has no adverse information regarding the operation of the business;
• Has a strong record of or commitment to employing local labour; and
• Will not engage in discriminatory recruitment practices

he Employer must complete specific Labour Market Testing to prove that there are no qualified Australians to fill the position.

Labour Market Testing must be:

• For a period of four weeks
• Not more than 4 four months before the nomination is submitted
• Appropriately advertised, meaning the advertisement:
  • Is in English;
  • Includes information about the position, such as: title and description of duties and skills required, salary, the employer name; and
  • Is through an acceptable platform, such as: indeed.com, seek.com, linkedin, industry specific website, etc.

*Some exemptions exist to LMT.

The Employer must then submit a nomination application for the employee.

Once the employer is approved as a business sponsor, the employer may then apply to the Department of Home Affairs to nominate a foreign employee to fill the position.

Processing time: approximately 1 to 2 months

To be successful in nominating an employee the employer must demonstrate that:

• The position is on one of the skills lists;
• There is a genuine need for the position
• They have conducted Labour Market Testing and cannot find an Australian to fill the role.
• The foreign employee is receiving employment remuneration equal to that or above that of an Australian citizen

Once the employee has been successfully nominated to fill a position, they may then apply for a TSS Visa.
Processing time: approximately 1 to 2 months

To be successfully granted the visa the employee must:

• Possess the required skills, education and qualification to fill the position
• Have at least two years of work experience in the nominated occupation or a related field. The experience must be completed while working in the nominated occupation, or performing tasks at the same skill level in a related field
• Meet the required English language proficiency requirement
• Be of good character and health
• Have health insurance required for the duration of the visa