Temporary Skill Shortage (TSS) Visa - Subclass 482

Nomination is a process of identifying a position to be filled by a foreign employee. In order for the nomination to be approved, the business must demonstrate the following:

• Needs to fill a position and have made every effort to employ an Australian citizen or permanent resident through Labour Market Testing
• The nominee is offered the same terms and conditions as you do to Australian employees.
• Pays a salary that meets the market rate.
• Complies with Australian workplace and immigration law
• the skills and experience required for the position

Labour market testing

The business needs to advertise the nominated role for a period of at least 4 weeks, during the last 4-month period before the lodgement of the nomination application.

The advertising needs to be carried out on at least 3 advertising platforms which include:

• https://www.workforceaustralia.gov.au/ (free Australian government website)
• Indeed
• Seek
• Jora
• LinkedIn

Skilling Australians Fund Levy

As the sponsor, you will need to pay a Skilling Australians Fund levy at the time of nomination.

The levy is calculated per applicant and according to the number of years required for the visa as follows:

• A small business with a turnover of less than $10 million will pay $1,200 per nomination year for a subclass 482 visa. A large business pays $1,800 per nomination year.
• If the employee is applying for a four-year visa, you will have to pay the annual payments at the time of lodging the nomination form. This means a small business will pay $4,800 when lodging the form.

Salary- Australian market rate requirements

The salary for the nominated position must be $53,900 plus superannuation and reviewed each year by the Department of Home Affairs (DOHA).

Relevant industrial award

The nominated occupation may be governed by a relevant industrial award which will specify the salary that the nominee should be paid.

Genuine need for the nominated role

The sponsoring business needs to demonstrate that it has a genuine need for the nominated position and Department of Home Affairs look at the following:

• nature and scope of the business activities of the nominator including: any demonstrated increases in business activity
• any demonstrated plans for future expansion
• the likely impact on the business if the nomination was refused

No equivalent Australian working

The employer can’t have an Australian citizen or permanent resident that works as an employee in the same role and location as the nominated role.

If this is the case, this generally requires an employer to provide copy of relevant Australian market salary survey data.

The employer can provide evidence of salary surveys such as Payscale and Hays Salary Guide.

A person can apply for a 482 Visa if they:

• Meet the required work experience of 2 year and qualifications requirements including completing any skills assessments required
• Meet English language requirements
• If in Australia, hold a substantive visa, a subclass 010 (Bridging A) visa, a subclass 020 (Bridging B) visa or a Subclass 030 (Bridging C) visa)
• have substantially complied with any conditions that apply or applied to your last visa
• Meet health and character requirements
• Have an occupation on the Short Term or Medium Term List.