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Monthly Archives: May 2021

May 24, 2021

Why 2 years of work experience requirement is an essential part of your Temporary Skill Shortage visa application.

Since the replacement of the Temporary Work (Skilled) visa (subclass 457), the Temporary Skill Shortage (TSS) visa (subclass 482) has been the pathway for the skilled employees to migrate to Australia. Also, TSS visa let employers focus on the employee shortages by bringing in skilled workers where employers cannot find a suitable skilled Australian worker. According to the Department of Home Affairs (DOHA), the purpose of the TSS visa is to focus on utilising overseas skilled employees to address temporary skill shortage in Australia. And at the same time to make sure that Australian employees are receiving the priority.

Since 2017 over the years, DOHA made many changes to the TSS visa. The purpose of these changes was to ensure that the sponsorships given by the employers are absolutely necessary and assist the current labour shortage in Australia. One of the main requirements of the TSS visa is the 2 years’ work experience requirement. Therefore, we decided to give you more information about the 2 years work experience. You will also find important information about what you need to do or what experience you need to meet these requirements.

DOHA Guidelines

Another primary purpose of DOHA for setting these requirements is to ensure that the applicants are highly skilled and have experience in the occupation. Having highly skilled and experienced employees to make sure that they can quickly contribute to the Australian workforce. The recent update given by DOHA highlighted the following important points:

  1. Any work experience completed as per the industry specifics, including the vocational placements, must be completed while the applicant is working in the nominated or performing tasks at the same skill level in a related field.
  2. Also, the work experience expected to have been undertaken on a full-time basis in the last five years. This period does not need to be continuous. DOHA may also consider work undertaken as a part-time employee equivalent to 2 years full-time, where they are confident that the applicant’s experience and skills are relevant and current. Also:
    1. Consistent with the National Employment Standards (NES), employment will be considered ‘full-time’ where the visa applicant worked 38 hours per week.
    2. However, work experience will also be considered ‘full-time’ where the visa applicant worked for a period between 32 and 45 hours per week under an industry award or an agreement that was consistent with the NES where applicable.
    3. DOHA should also be aware that there are various prevailing work arrangements in the Australian labour market that do not adhere to a standard workweek and contact Program Management if they require further advice.
  3. The 2 years’ work experience needs to be a separate experience from any work experience requirement outline in the ANZSCO job definition.
  4. If the work experience was done under casual employment, that experience would not meet the requirement.
  5. What does DOHA mean by Work experience in a related field?
    1. Suppose the applicant has not worked in the nominated occupation but has shown that they have undertaken relevant work experience. In that case, DOHA should consider whether tasks undertaken in the suitable position are:
      1. the same or closely the same or closely related to those of the nominated occupation as outlined in ANZSCO; and
      2. are at the same skill level – as an example, work experience as a Kitchen Hand or Cook cannot be counted as the work experience requirement for a Chef position. Work experience must be done at the appropriate skill level. The occupations of Kitchen Hands and Cooks are at lower ANZSCO skill levels than that of Chef.
  6. In addition to the above, support from the relevant industry peak body endorses that the skills/experience of an applicant should also be considered.
  7. According to DOHA’s definition, what constitutes Industry-specific advice?
    1. Experience gained as part of a Masters and/or PhD may be considered work experience for relevant occupations, such as medical and research occupations.
    2. Experience gained whilst studying, through a formal arrangement (for example, a clinical/industry placement, internship, or apprenticeship) undertaken as part of a CRICOS registered course of study, may be considered work experience relevant to the occupation. This includes, but is not limited to:
      1. for medical practitioners, experience gained through internships or the final year medical training, including periods of clinical placements, and.
      2. The internship component of the Professional Year Program.
    3. Experience gained whilst studying, through a formal arrangement (for example, a clinical/industry placement, internship, or apprenticeship) outside of a CRICOS registered course of study, must be undertaken at the skill level of the relevant occupation to be considered as work experience.
    4. Performance experience gained whilst studying may be considered for applicants with a performing arts occupation. This flexibility is intended to recognise performers that may have exceptional talent and are in demand globally.
    5. Industry experience may be considered for niche or generalist occupations where relevant and skills are transferable, such as management consultants or specialist technology positions.
What if you don’t have 2 years ready before you apply?

As you know now, 2 years of work experience is a main component of the TSS visa. It will also allow the skilled employees to utilise their skills and expertise which they have gained in their specific industry. Another good news for TSS visa applicants is that DOHA must consider 2 years of work experience accumulated after lodgment of the application. The reason is that the 2 years of work experience is a time of decision. If the application was refused based on the applicant does not have 2 years of work experience, then the applicants in Australia have grounds to request a review of the application with the Administrative Appeals Tribunal (AAT). The applicant can also claim the work experience accumulated while waiting for the AAT review process.

Sometimes the AAT review process can take up to 2 years; therefore, it is handy for the applicant to continue their work after the lodgment until the review process is completed.

If you held a Graduate 485 visa before you lodged the 482 visa, your bridging visa will continue to allow you to work full time. If you held a student visa and completed your course before you applied for the 482 visa, you will also have full-time work rights on your bridging visa.

TSS visa is a great pathway, and it can be a very challenging process. Therefore, the applicant and the sponsor must take all necessary measures to meet the requirements.

If you need advice, we offer Skype, Zoom and phone consultations. Call +(02) 8054 2537  or book online today to speak to our migration specialists.

Karl Konrad