Temporary Skill Shortage (TSS) 482 Visa
#COMPREHENSIVE GUIDE
In today's globalized workforce, businesses often encounter skill gaps that cannot be filled by local talent alone. Recognizing this challenge, the Australian government introduced the Temporary Skill Shortage (TSS) Subclass 482 visa, a program designed to assist companies in addressing genuine labour shortages by employing qualified overseas workers.
Step by step Application Process
Step 1: Sponsorship Approval -Employer becomes an approved sponsor.
Step 2: Nomination Approval -Employer nominates a position for the overseas worker.
Step 3: Visa Application: -Applicant submits the visa application.
Understanding the TSS Visa Streams
The TSS visa has three different streams, each catering to different types of employment needs:
1. Short-Term StreamDuration: Up to 2 years (or up to 4 years if an International Trade Obligation applies, Hong Kong passport holders may stay up to 5 years).Requirements: Occupation must be on the Short-Term Skilled Occupations List (STSOL).
2. Medium-Term StreamDuration: Up to 4 years (or Hong Kong passport holders may stay up to 5 years).Requirements: Occupation must be on the Medium and Long-term Strategic Skills List (MLTSSL).
3. Labour Agreement StreamDuration: Up to 4 years (or Hong Kong passport holders may stay up to 5 years).Requirements: Used in exceptional circumstances where standard visa programs are not available. Employers negotiate agreements with the Department of Home Affairs.
General Eligibility Requirements
To be eligible for the TSS visa, applicants must meet several criteria:
OccupationListed Occupation: The applicant's occupation must be listed on one of the following skilled occupation lists:1. Short-Term Skilled Occupations List (STSOL)2. Medium and Long-term Strategic Skills List (MLTSSL)3. Regional Occupation List (ROL) Sponsorship1. Approved Sponsor: Applicants must be sponsored by an employer who is an approved Standard Business Sponsor or has applied for such status.2. Nomination: The employer must lodge a nomination application for the position. Experience and Skills1. Work Experience: Applicants need at least 2 years of relevant work experience within the last 5 years.2. Skill Assessment: Some occupations may require a formal skill assessment before applying. Health and Character1. Health Insurance: Applicants must maintain adequate health insurance while in Australia.2. Health and Character Requirements: All applicants, including family members, must meet health and character requirements. English Language Proficiency1. Short-Term Stream: Minimum IELTS score of 5.0 overall with no less than 4.5 in any band, or equivalent scores in other accepted English tests.2. Medium-Term Stream: Higher English language requirements typically apply, such as an IELTS score of 5.0 overall with a minimum of 5.0 in each band, or equivalent scores in other accepted English tests.
OccupationListed Occupation: The applicant's occupation must be listed on one of the following skilled occupation lists:1. Short-Term Skilled Occupations List (STSOL)2. Medium and Long-term Strategic Skills List (MLTSSL)3. Regional Occupation List (ROL) Sponsorship1. Approved Sponsor: Applicants must be sponsored by an employer who is an approved Standard Business Sponsor or has applied for such status.2. Nomination: The employer must lodge a nomination application for the position. Experience and Skills1. Work Experience: Applicants need at least 2 years of relevant work experience within the last 5 years.2. Skill Assessment: Some occupations may require a formal skill assessment before applying. Health and Character1. Health Insurance: Applicants must maintain adequate health insurance while in Australia.2. Health and Character Requirements: All applicants, including family members, must meet health and character requirements. English Language Proficiency1. Short-Term Stream: Minimum IELTS score of 5.0 overall with no less than 4.5 in any band, or equivalent scores in other accepted English tests.2. Medium-Term Stream: Higher English language requirements typically apply, such as an IELTS score of 5.0 overall with a minimum of 5.0 in each band, or equivalent scores in other accepted English tests.
Employer Requirements
Employers must:
Become an Approved Sponsor1. Legally established and currently operating in Australia.2. Must pass a non-discriminatory workforce test and show a commitment to employing local labour.
Nominate a PositionSubmit a nomination for the position to be filled by the overseas worker, meeting specific criteria for successful nomination.
Employee SalaryEnsure the TSS Visa holder earns a minimum salary above the Temporary Skilled Migration Income Threshold (TSMIT) or Market Salary Rate (AMSR) of at least AUD70,000 or above plus Superannuation.
Labour Market Testing (LMT)Demonstrate efforts to recruit locally before nominating an overseas worker. In most cases, Labor Market Testing (LMT) must be completed before a sponsor can submit a 482 TSS or 494 nomination application.LMT must be conducted for at least 28 days within the 4 months prior to lodging the nomination application.
The LMT requirements are strict. For more details, please see this link: https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/labour-market-testing
Training Levy (SAF)Pay the Skilling Australians Fund (SAF) levy, which varies by business turnover:1. AUD1,200 per year per nominee for small businesses (turnover < $10 million)2. AUD1,800 per year per nominee for larger businesses (turnover > $10 million)
Become an Approved Sponsor1. Legally established and currently operating in Australia.2. Must pass a non-discriminatory workforce test and show a commitment to employing local labour.
Nominate a PositionSubmit a nomination for the position to be filled by the overseas worker, meeting specific criteria for successful nomination.
Employee SalaryEnsure the TSS Visa holder earns a minimum salary above the Temporary Skilled Migration Income Threshold (TSMIT) or Market Salary Rate (AMSR) of at least AUD70,000 or above plus Superannuation.
Labour Market Testing (LMT)Demonstrate efforts to recruit locally before nominating an overseas worker. In most cases, Labor Market Testing (LMT) must be completed before a sponsor can submit a 482 TSS or 494 nomination application.LMT must be conducted for at least 28 days within the 4 months prior to lodging the nomination application.
The LMT requirements are strict. For more details, please see this link: https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/labour-market-testing
Training Levy (SAF)Pay the Skilling Australians Fund (SAF) levy, which varies by business turnover:1. AUD1,200 per year per nominee for small businesses (turnover < $10 million)2. AUD1,800 per year per nominee for larger businesses (turnover > $10 million)
Pathway to Permanent Residency
For Short-term, Medium-term and Labour agreement stream TSS visa holders, there is a potential pathway to permanent residency through the Employer Nomination Scheme (ENS) subclass 186 visa or the Regional Sponsored Migration Scheme (RSMS) subclass 187 visa.
Typically, this requires:
1. Transition Stream: This is commonly referred to as the Temporary Residence Transition (TRT) stream for those who have worked on a TSS visa for two years with their sponsoring employer and are nominated by that employer for permanent residency.2. Eligibility Criteria: Meeting the eligibility criteria for the permanent visa, which may include age (usually under 45 years old), English language proficiency, and skills assessment requirements.3. Working for the Sponsoring Employer: You must work for the sponsoring employer for at least two years in the nominated occupation.
1. Transition Stream: This is commonly referred to as the Temporary Residence Transition (TRT) stream for those who have worked on a TSS visa for two years with their sponsoring employer and are nominated by that employer for permanent residency.2. Eligibility Criteria: Meeting the eligibility criteria for the permanent visa, which may include age (usually under 45 years old), English language proficiency, and skills assessment requirements.3. Working for the Sponsoring Employer: You must work for the sponsoring employer for at least two years in the nominated occupation.
482 Visa Work Experience requirement update
Starting November 23, 2024, subclass 482 visa applicants will only need one year of full-time work experience. This change applies to all streams: short-term, medium-term, and labor agreement.
Important Considerations for Employers and Employees
1. Visa Conditions and Compliance: Both employers and employees must ensure compliance with all visa conditions. Employers should maintain accurate records and meet sponsorship obligations, while employees must adhere to work conditions and maintain health insurance.2. Legal and Professional Advice: Given the complexity of the TSS visa and pathways to permanent residency, seeking professional advice from immigration lawyers or registered migration agents is advisable.3. Ongoing Monitoring and Updates: Immigration laws and policies can change. Regularly monitoring updates from the Department of Home Affairs can help employers and employees stay informed about any changes affecting their visa status or obligations.
Conclusion
The Temporary Skill Shortage (TSS) subclass 482 visa is a vital program for addressing skill shortages in Australia by allowing businesses to sponsor skilled overseas workers. Understanding the intricacies of the TSS visa process, from sponsorship to visa application and potential pathways to permanent residency, is crucial for both employers and employees.
Employers benefit by filling essential roles with qualified professionals, while employees gain the opportunity to work in Australia and potentially transition to permanent residency. Proper preparation, compliance with all requirements, and timely submission of necessary documents can significantly enhance the chances of a successful TSS visa application and a smoother path to permanent residency.
Employers benefit by filling essential roles with qualified professionals, while employees gain the opportunity to work in Australia and potentially transition to permanent residency. Proper preparation, compliance with all requirements, and timely submission of necessary documents can significantly enhance the chances of a successful TSS visa application and a smoother path to permanent residency.
HOw A2MS (Aussie academics and migration services) can help?
A2MS, based in Adelaide, South Australia, consists of a team of Registered Migration Agents who provide migration advice to individuals and businesses globally.
With extensive experience across diverse industries and employment backgrounds, our team understands your industry's requirements. We excel in preparing applications with relevant, effective supporting documents and information tailored to your needs.