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TSS 482 Visa Australia – Temporary Skill Shortage Visa


Indah Melindasari MARN 0961 448
Updated May 2020
TSS 482 Visa Australia

TSS 482 Visa Australia enables employers to address labour shortages by hiring skilled workers where they cannot find an appropriately skilled Australian. It facilitates employment of foreign workers to address temporary skill shortages, while ensuring that Australian workers get priority. TSS visa 482 holders can work in Australia in their nominated occupation and may have a pathway to permanent residency.


Temporary Skill Shortage (TSS) Visa Subclass 482 Streams

There are three streams available under the TSS visa 482:

Short-term stream

This is for employers to source genuine temporary overseas skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL) for a maximum of two years (or up to four years if an international trade obligation applies).

Medium-term stream

This is for employers to source highly skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL) for up to four years, with eligibility to apply for permanent residence after three years.

Labour Agreement Term

This is for employers to source overseas skilled workers in accordance with a labour agreement with the Commonwealth, on the basis of a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available, with the capacity to negotiate a permanent residence option.

At the time of lodging a TSS nomination application, employers will need to select an employment period of up to:

  • At the time of lodging a TSS nomination application, employers will need to select an employment period of up to:al trade obligation applies-up to 4 years); and
  • 1 year, 2 years, 3 years or 4 years for the medium-term or labour agreements stream.

Comparison between Medium Term TSS Visa and Short Term TSS Visa

Medium & Long Term TSS Visa (482 Visa) Short Term TSS Visa (482 Visa)
Occupational List Used Occupation on MLTSSL (additional for regional) Occupation on STSOL (additional for regional)
Is It Renewable? Renewable onshore and unlimited times Renewable once onshore (2+2 max in total onshore) + more offshore
Age Requirement No Age Limit No Age Limit
English Proficiency Requirement IELTS 5 (no skill below 5) or equivalent IELTS overall 5 (no skill below 4.5) or equivalent
Work Experience 2 years of relevant work experience required 2 years of relevant work experience required
Labour Market Testing Employer tests the Australian labour market before an application to sponsor (LMT) Employer tests the Australian labour market before an application to sponsor (LMT)
Salary Rate Employer must pay the Australian Market Salary Rate (AMSR) Employer must pay the Australian Market Salary Rate (AMSR)
Health and Character Requirements Meet health and character requirements Meet health and character requirements
Permanent Residency Possibility Pathway to Permanent residency (after 3 years) NO Permanent residency pathway unless regional
GTE Requirement None Show intention of temporary stay

Work Experience Requirements for TSS Visa 482

As per the Government’s announcement, TSS visa applicants will be required to have worked in the nominated occupation, or a related field, for at least two years.

Work experience related caveats that apply at the nomination stage for the subclass 457 visa will not apply to TSS nominations.

Policy has outlined the TSS 482 visa Australia work experience requirements as below:

  1. Work experience will be considered flexibly in the context of the nominated occupation and industry practices
  2. The work experience should have been undertaken in the last five years and would need to be calculated in terms of full time work. Part time work experience may be considered
  3. Experience gained as part of the research components of a Masters and/or PhD may be considered as work experience for relevant occupations, such as medical and research occupations
  4. Experience gained through clinical placements and internships may be considered as work experience for medical practitioners, including Resident Medical Officers (RMOs)
  5. The internship component of the Professional Year Program may be considered as work experience for relevant occupations
  6. Performance experience gained while studying may be considered for applicants with a performing arts occupation.

TSS 482 Visa Australia Training Requirements

Employers sponsoring workers for a TSS 482 visa Australia must pay a training contribution charge (known as the Skilling Australians Fund levy):

Businesses with turnover of less than $10 million per year will be required to make

  • An upfront annual payment for each employee on a TSS 482 visa of $1,200
  • An one-off payment for each employee being sponsored for a permanent ENS or RSMS visa of $3,000

Businesses with turnover of $10 million or more per year will be required to make:

  • An upfront annual payment for each employee on a TSS 482 visa of $1,800
  • An one-off payment for each employee being sponsored for a permanent ENS or RSMS visa of $5,000.

Repeat Temporary Skill Shortage Visa 482

In general, all applicants for a TSS 482 visa Australia (i.e. primary and secondary) can either be inside or outside Australia.

If the application is for a Short-term (ST) stream visa, however, the primary visa applicant must be offshore if all of the below apply:

  1. They have held more than one ST stream TSS 482 visa
  2. They were in Australia when the application for their most recent TSS 482 visa was made and
  3. This requirement would not be inconsistent with any international trade obligation (ITO).

Holders of two ST stream TSS visas in a row (where the second application was made in Australia) can apply for a further visa TSS ST stream visa offshore.

They should, however, be aware that their immigration history may be relevant in terms of whether they are considered to have met the Genuine Temporary Entrant (GTE) requirement for this visa stream.

Employers who are already approved standard business sponsors for subclass 457 will be able to sponsor skilled overseas workers under the TSS visa program:

  • If subclass 457 nomination and visa applications are both lodged prior to TSS implementation, they will be processed under the current framework.
  • if a subclass 457 nomination application is lodged without an associated 457 visa application being lodged before the commencement of TSS, it will, however, effectively become ‘redundant’ as subclass 457 nominations cannot be linked to TSS 482 visa applications, even where the nomination has already been approved (subject to the specific scenarios below).

Note

  • Secondary visa applicants (of 457 visa holders or pending 457 visa applicants) are able to lodge a subsequent dependent TSS application and if they meet requirements, will be granted a TSS 482 visa linked to their family’s subclass 457 visa/nomination application. The validity period of the TSS visa will match the expiry date of the subclass 457 primary visa holder.
  • Subclass 457 visa holders whose visa is not expiring but wish to change employer after the implementation of TSS, can get their new employer to lodge a TSS 482 nomination application.
  • Subclass 457 visa holders who wish to change occupation or need a new visa (for example: with longer validity), they will, however, need to lodge a new TSS visa application referencing a new TSS nomination application.

Condition 8607 in Subclass 482 Visa Australia

Condition 8607 is a new condition that it is anticipated will apply to all primary TSS visa holders.

It is similar to condition 8107, which currently applies to subclass 457 visa holders.

Condition 8607 will require TSS visa holders who wish to change occupation (as opposed to employer), to have a new nomination approved and a new visa granted before they start work in a new occupation.


TSS Visa 482 Transition From 457 Visa

Employers who are already approved standard business sponsors for subclass 457 will be able to sponsor skilled overseas workers under the TSS 482 visa Australia program:

  • If subclass 457 nomination and visa applications are both lodged prior to TSS implementation, they will be processed under the current framework.
  • If a subclass 457 nomination application is lodged without an associated 457 visa application being lodged before the commencement of TSS, it will, however, effectively become ‘redundant’ as subclass 457 nominations cannot be linked to TSS 482 visa applications, even where the nomination has already been approved (subject to the specific scenarios below).

Note

  • Secondary visa applicants (of 457 visa holders or pending 457 visa applicants) are able to lodge a subsequent dependent TSS application and if they meet requirements, will be granted a TSS 482 visa linked to their family’s subclass 457 visa/nomination application. The validity period of the TSS visa will match the expiry date of the subclass 457 primary visa holder.
  • Subclass 457 visa holders whose visa is not expiring but wish to change employer after the implementation of TSS, can get their new employer to lodge a TSS 482 nomination application.
  • Subclass 457 visa holders who wish to change occupation or need a new visa (for example: with longer validity), they will, however, need to lodge a new TSS visa application referencing a new TSS nomination application.

Subclass 482 Visa Labour Market Testing (LMT)

LMT arrangements are in place for the TSS 482 Visa – with occupation exemptions to LMT no longer available.

This is to ensure that employers try to find a suitably qualified Australians before they can seek to employ an overseas skilled worker on a TSS 482 visa.

Salary and Conditions Arrangements for TSS Visa 482.

Sponsors seeking to employ an overseas worker at a salary of under AUD250,000 will need to provide additional information to demonstrate that they are going to pay the market salary rate to ensure that overseas workers are protected and the local labour market is not undercut.


Visa 482 to Permanent Residency

Visa 482 provides a pathway to Permanent Residency. The common permanent residency pathway is by applying for Employer Nomination Scheme (subclass 186) Visa or applying for General Skilled Migration visa subclass.

If you wish to take Visa 186 as to get a permanent residency, you must meet the following circumstances:

  • For Visa 186 Direct Entry Stream, you must have held Visa 482 for 2 years and worked for the same employer. You would also need to take a Skills Assessment.
  • For Visa 186 Transition Stream, you must have held Visa 482 for 3 years and worked for the same employer. You are not required to take a Skills Assessment.

However, if you would like to take General Skilled Migration visa subclass as your permanent residency pathway, you must follow all steps in getting a General Skilled Migration visa, including submitting an Expression of Interest (EOI), waiting for a nomination or invitation from Australian State or Territory Government, doing Skills Assessment, etc.


Can I extend my Temporary Skill Shortage (Subclass 482) visa?

Yes, you can extend your 481 visa Australia and there is no limitation for extending it. It is due to the condition where Visa 482 does not have age limitation. Hence, you can extend your 482 visa Australia as often as you want.


Can I change my employer while holding a Visa 482?

Yes, you can. However, your new employer should pass all the sponsorship assessment process. The process include:

Sponsorship assessment

If your employer has not ever sponsored any employees before, your employer must pass this step which include SBS (Standard Business Sponsorship) application.

Nomination assessment

Then, your employer’s nomination must be approved by the Department. The nomination assessment includes Labour Market Testing process, and an application submitted to the Department of Home Affairs.


482 Visa Australia Frequently Asked Questions

ONEderland Consulting managing director and also registered migration agent, Indah Melindasari, B.Com (MARN 0961 448) is here to answer your 482 Visa Australia questions!

  • What is the Temporary Skill Shortage Visa Australia?
    • This temporary visa lets an employer sponsor a suitably skilled and experienced worker to fill a position they can’t find a suitably skilled and experienced Australian or permanent resident to fill.
  • Who can apply for a Temporary Skill Shortage Visa (Subclass 482) and how long can will you be able to stay?
    • The TSS visa has a short-term stream, a medium-term stream and a labour agreement stream. Applicants with occupations on the Short-Term Skilled Occupations List (STSOL) are eligible for visas of up to two years (renewable once, for a further two years), whilst those on the Medium and Long-Term Strategic Skills List (MLTSSL) can apply for up to four years, with eligibility for permanent residency after three years.
  • I am over 45 years old. Can I still apply for a Temporary Skill Shortage Visa (Subclass 482)?
    • Yes, you can. There is no age limit for this visa.
  • Is skill assessment mandatory for 482 visa Australia?
    • A positive skill assessment is mandatory before you can apply for this visa. Depending on your nominated occupation, you need to have a skill assessment by an authorized assessing authority. The skill assessment can be done prior to lodging your visa or during the sponsorship and nomination process.
  • Can I include my family members in my application for the Temporary Skill Shortage Visa (Subclass 482)?
    • Yes. Spouses/Partners and dependent children can be included in a TSS visa application as dependent family members. These family members will also have unrestricted work and study rights.
  • Can I renew my TSS visa / 482 Visa Australia once it is due to expire?
    • If your visa was granted to occupations on the STSOL, you can re-apply for one further two-year TSS visa. If your occupation is on the MLTSSL, you can renew the TSS visa for a further 4 years, or transit to permanent residency.
  • Where can I apply for this 482 visa Australia?
    • You can apply for this visa onshore or offshore. You must be outside of Australia if all of the following apply to you:
      1. You have held more than one TSS visa in the Short-term stream;
      2. You hold a TSS visa in the Short-term stream and you were in Australia when you applied for that visa;
      3. Applying outside Australia is not inconsistent with an ITO;
      4. Meanwhile, you must hold either a substantive visa or a Bridging visa A, B or C if you want to apply onshore.
  • How much does this visa cost?
    • The cost for this is $1,290 for the main applicant of the short-term stream and another $1,290 & $325 for every additional applicant aged 18 over and under respectively. While for the medium-term & labour agreement stream, the cost is $2,690 for the main applicant and another $2,690 & $675 for every additional applicant aged 18 over and under respectively. Please be advised that all Australian visa fee might increase in July every year.
  • How long is the processing time for this visa?
    • This visa takes about 84 days to 4 months for the short-term stream and 3 to 5 months for the medium-term stream to be processed.

482 Visa Australia Four Steps Process

Check your eligibility and visa requirements

The first thing you need to do before you apply for a Temporary Skill Shortage Visa (Subclass 482) is to check your eligibility.

482 visa Australia has two streams and depending on your nominated occupation, you need to make sure you have met all the criteria and requirements for the respective stream.

You must have a positive skill assessment for your nominated occupation before applying for 482 visa Australia.

Gather the required documents for 482 visa Australia

Documents you may have to provide could include documents for your identity, character, skills, work experience, health and English language skills.

Apply For TSS Visa 482

Applying for Temporary Skill Shortage Visa (Subclass 482) involves 3 stages process:

  • Sponsorship application by the employer
  • Nomination application
  • Visa application by the nominated employee ( skills assessment )

Grant of Temporary Skill Shortage Visa 482

You can be in or outside Australia when the decision is made. You need to have your employer’s nomination approved before the grant of your TSS visa.

With this visa, you can work in Australia for the length of your visa grant, study, and travel for the duration of the visa, and apply for permanent residency if eligible.

You will be notified about the outcome of your visa application by the Immigration Department.


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