TSS Visa and the 2 year Work Experience Requirement

The TSS visa requires that the applicant has worked in the occupation for which he / she has been nominated, or a related field, for at least 2 years, irrespective of whether the occupation is on the Short Term or Medium to Long Term Occupation List.

According to Departmental policy, the requirement is aimed at ensuring visa applicants are highly skilled and readily able to contribute to the Australian workforce. This effectively rules out new graduates as eligible for TSS visas.

In assessing whether work contributes to the 2 year requirement, the Department applies the following guidelines:

• The work should either be within the same nominated occupation, or the tasks performed are at the same skill level in a related field;
• The work should be full-time (regarded by the Department as 38 hours per week) and have been undertaken within the last 5 years. Part-time employment equivalent to 2 years of experience will be considered as long as the work performed by the applicant is relevant and current.

The Department also lists some more specific types of experience that may satisfy this criterion:

• Some experience gained as part of a Masters or PhD;
• Some placements, internships and apprenticeships where these are formal arrangements undertaken as part of a course of study; and  Industry experience for niche or generalist occupations where the relevant skills are transferrable.

Recent graduates who do not meet the new 2 year work experience requirement, may have other options to extend their stay in Australia. Each case will need to be assessed on a case by case basis, however important questions to consider include:

• Has an independent PR application already been lodged? If so, the candidate may have work rights;
• Is the candidate eligible for a Partner visa based on having an Australian partner?
• Can the candidate obtain a Graduate (Subclass 485) visa?
• Would the candidate consider a further student visa (permitting 40 hours per fortnight of work)?

If you have any further questions regarding the change and its impact or other related questions, make an appointment with one of our lawyers or partners by booking here.

DISCLAIMER This information is current as at 13 June 2018 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.