TSS 482 VISA

• From 18 March 2018, the 457 visa was abolished and replaced with the TSS visa (Subclass 482).
• The TSS 482 visa is comprised of a Short-Term stream, Medium-Term stream and Labour agreement stream.
• You must be sponsored by an approved business.
• A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work.
• You can be in or outside Australia​ when you lodge your application.

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 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.

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

In general, all applicants for a TSS 482 visa (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 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.

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.

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.

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.

1. 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.
2. 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.
3. 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.
4. Is skill assessment mandatory for this visa?
   • 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.
5. 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.
6. Can I renew my TSS visa 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.
7. Where can I apply for this visa?
   • 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.
8. How much does this visa cost?
   • The cost for this is $1,265 for the main applicant of the short-term stream and another $1,265 & $320 for every additional applicant aged 18 over and under respectively. While for the medium-term & labour agreement stream, the cost is $2,645 for the main applicant and another $2,645 & $660 for every additional applicant aged 18 over and under respectively.
9. 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.