Temporary Skills Shortage Visa (Subclass 482)

Who is this visa for?

The TSS (482 visa) is a sponsored visas which enables Australian employers to address labour shortages by bringing in genuinely skilled workers and their family member under one of three streams, where they cannot source Australian workers (who are Australian citizens or permanent resident.

There are three visa Pathways:

Short-Term stream (2 year visa)-also known as the skilled occupation list stsol

Medium-Term stream (4 year visa) – also known as the strategic skills list mltssl

Labour Agreement stream

How to get started?

There are three steps to the application process:

  1. Sponsorship (Standard Business Sponsorship)- This is a prerequisite approval required before a business can sponsor 482 visa holders
  2. Nomination application- the sponsoring business is required to demonstrate its genuine need for the eligible nominated full-time occupation/role
  1. Visa application (482 visa)- the visa applicant needs to demonstrate that he or she satisfies the relevant visa requirements such as a minimum of 2 years of skilled experience and obtain a skill assessment if required

Step 1: Sponsorship

To be an eligible sponsor, your business must be either a:

  • Registered business operating in Australia.
  • Business not operating in Australia but either has contractual obligations or is planning to expand operations to Australia.
  • New business.

As part of your application to become a standard business sponsor, you need to supply documented evidence that supports you are legally operating in Australia. This includes:

  • An Australian Business Number when your business is in Australia.
  • An Australian Registered Body Number if you are registered to operate in Australia but are overseas.
  • Evidence of your business registration in another country if you are not already operating in Australia.
  • A copy of your registered business name if you are a company or a franchisee, trust deeds or a joint venture agreement, or relevant information such as signatures on contracts.
  • Copies of financial, bank and Business Activity Statements for the last 12 months and tax returns.
  • Have no relevant unfavourable information against your business.

*This is not an exhaustive list and many other documents are required which is assessed on a case by case for employers.

Step 2: Nomination

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 2 allowed advertising platforms which include:

  • Jobactive.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 may not 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.

Step 3: Visa Application

Who is eligible for the subclass 482 visa?

A person who:

  • 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.

Short-term stream

The short-term stream subclass 482 visa will allow you to work in Australia for up to 2 years, and this can be extended to 4 years if an International Trade Obligation applies.

The following table is a snapshot of the occupations on the Short-term Skilled Occupation List.

Medium-term stream

The medium-term stream subclass 482 visa will allow you to work in Australia for up to 4 years and this can be extended. This visa also gives you the option to apply permanent residency after three years employment with the one employer.

The following table is a snapshot of the occupations on theMedium to Long-term Skilled Occupation List.

Labour Agreement Stream

The subclass 482 labour agreement stream is suitable is available for a skilled worker whose employer has an approved labour agreement.

How we can help

Contact us today on 1300 015 592 for more information and to set up a time for a comprehensive consultation.