Temporary Skill Shortage (TSS) Checklist – Nomination Application

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PLEASE NOTE: These documents relate to general situations only, and each application will differ and may require different documents. If you are not sure about your personal circumstances we recommend you seek further advice.



 Documents and evidence required

Sponsorship requirements

The employer (or associated entity) must either be an approved TSS Sponsor, or have lodged an application to become an approved TSS Sponsor.

If you haven't yet done this step, you should first read our TSS Sponsorship Guide.



 Documents and evidence required

Occupation requirements

Ensure the correct ANZSCO code is entered on both the nomination and visa application forms, and that the occupation is on the MLTSSL or STSOL (approved occupation lists).

Ensure you understand how long the visa will be granted for, based on the occupation (and what that means for your long-term visa options).

Ensure all documents to address any caveats that apply to the application are provided.

Role requirements

A position description for the role needs to be entered into the online application form, showing that the duties correspond substantially (but are not identical) with the ANZSCO classification.

Offer of employment

  • 1
    Employment contract or offer of employment that adheres to the National Employment standards.
  • 2
    If the Sponsor is an overseas business, a letter of transfer may be appropriate.

Evidence of ‘associated’ entities

If the applicant is being sponsored by one entity and employed be another ‘associated’ entity, evidence of the association should be provided with the application (i.e. an ASIC extract showing common ownership or Directors).

Evidence of Labour Market Testing (LMT)

This evidence must be provided on lodgment. If no exemptions or international trade obligations apply, you should attach:

  • At least 2 advertisements placed within the 4 months leading up to lodgment, that have been run for at least 4 weeks.
  • Evidence of payment of any costs associated with the advertising (such as receipts from SEEK etc).

The specific requirements for LMT adverts can be found in our TSS visa outline.

Salary requirements

  • Evidence of salary over $53,900 (employment contract and pay slips if applicant is currently employed).
  • Evidence of the Australian ‘market rate’ for the role, to show that the applicant is being paid what an Australian would be in the same role. This could include:
  • Contracts for Australian employees in the same role.
  • External salary surveys (such as Hays, Robert Waters, or industry specific surveys).
  • Copies of SEEK adverts for comparable roles.
  • If you are using external data such as surveys and adverts, a letter explaining how the salary for the role was benchmarked for this particular applicant (referencing the evidence you are providing).

The role is genuine or ‘real’

Evidence could include:

  • An organisational chart showing how the role fits within the business.
  • Evidence to show how the role fits within the nature and size of the business. This could include:
  • Financial documents to show how the role directly impacts income.
  • A business plan to show future business growth.
  • Evidence of any service or product contracts managed by the person in the role.
  • Evidence of any future business or expansion.
  • If the role is at a management level, evidence that they are doing management duties and supervising staff. This could be:
  • Position descriptions for more junior roles.
  • Rosters and information regarding opening hours etc. to show how why more than one manager is required in the business.
  • Importance of the role – evidence of difficulty recruiting for the role, or skills shortages in your industry.
Our many years of experience means we understand how the Department of Immigration, the Administrative Appeals Tribunal, and other decision-makers analyse applications; we understand where they exercise discretions and where they will not. We know which strategies work and which don’t. We know which information to provide, and which to ignore.

We also have access to resources and information outside the reach of the general public. As such, we know the difference between the law and what DIBP says is the law. When DIBP puts out a statement on their website, we know what they really mean. And when DIBP publishes a checklist, our lawyers know how to read between the lines.

Our experience and expertise means that we are often in a position to help people who, based on poor advice or inadequate representation, might otherwise have assumed their case is hopeless.