SOUTHERN MAN IMMIGRATION BLOG

482 Visa – Temporary Skill Shortage Visa

April 25, 2024
Iain MacLeod

The Temporary Skill Shortage visa, commonly known as the subclass 482 visa or TSS visa, came into effect in March 2018, replacing the former Temporary Work (Skilled) subclass 457 visa. This visa allows Australian employers to address labour shortages by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian. It is a critical component of Australia’s skilled migration programme, designed to ensure that the Australian workforce can meet the demands of evolving industry and economic circumstances.

The 482 visa has three streams – the Short-Term stream, the Medium-Term stream, and the Labour Agreement stream. Each stream caters to different skilled employment needs and has specific requirements, validity periods, and conditions. Successful applicants are granted the right to live and work in Australia for their sponsoring employer for a period that can vary from one to four years, depending on the visa stream. The visa programme also includes measures aimed at prioritising Australian workers and safeguarding migrant workers from exploitation.

To apply for the TSS visa, both the sponsor employer and the foreign skilled worker must meet stringent eligibility criteria. The process includes employer sponsorship and nomination, and the visa applicant must possess the necessary skills and qualifications for the position. Moreover, applicants are required to meet health and character requirements, and may be asked to provide evidence of their English language proficiency, which collectively helps to maintain the integrity of the Australian immigration system.

Migrate to Australia

Our immigration lawyers and registered migration agents in Melbourne will be able to find you the best visa for your unique situation. You’ll be in good hands.

Differences in 482 Visa Streams

TSS Visa Categories
Visa Category Medium and Long Term TSS Visa (482 visa) Short-Term TSS Visa (482 visa) TSS 482 Visa – Regional (ROL)
Occupation List On MLTSSL On STSOL On the Regional Occupations list (ROL)
Renewal Renewable onshore and unlimited times Renewable once onshore (2+2 max in total onshore) + more offshore Renewable onshore and unlimited times
Pathway to Permanent Residency After 2 years From 25 November 2023 through the 186 visa Through the 494 visa and from 25 November 2023 through the 186 visa
English Language Requirement IELTS 5 (no skill below 5) or equivalent, unless exempt IELTS overall 5 (no skill below 4.5) or equivalent, unless exempt IELTS 5 (no skill below 5) or equivalent, unless exempt
Work Experience Requirement 2 years relevant work experience and meet ANZSCO requirements 2 years relevant work experience and meet ANZSCO requirements 2 years relevant work experience and meet ANZSCO requirements
Age Limit No age limit No age limit No age limit
Health and Character Requirements Meet requirements Meet requirements Meet requirements
Labour Market Testing (LMT) Employer tests the Australian labour market before sponsorship Employer tests the Australian labour market before sponsorship Employer tests the Australian labour market before sponsorship
Australian Market Salary Rate (AMSR) Employer must pay the AMSR Employer must pay the AMSR Employer must pay the AMSR
Additional Notes for Short-Term TSS Visa N/A May apply for a 3rd one onshore under specific conditions N/A
Employer Location Requirement for Regional Visa N/A N/A Employer must be in a designated regional area

Eligibility Requirements

The Temporary Skill Shortage visa (subclass 482) is designed for skilled workers who are sponsored by Australian employers to fill a position that cannot be easily filled by a local employee. To obtain this visa, both the employee and employer must meet specific criteria.

General Eligibility Criteria

Individuals must be sponsored by an approved business and have the necessary skills to fill a position on the Consolidated Sponsored Occupations List. They should also meet the visa’s health and character requirements.

Skills and Qualifications

Applicants must possess the relevant qualifications and/or skills for the position they are applying for. A skills assessment may be required for certain occupations to demonstrate that the applicant’s skills meet Australian standards.

Work Experience Requirements

Typically, applicants must have at least two years of relevant work experience in their skilled occupation or a related field within the last five years.

Health and Character

Applicants must undergo health examinations to prove they meet the health requirements and provide character references or police certificates to satisfy character conditions.

English Language Proficiency

Primary visa applicants are required to show evidence of English language proficiency, by achieving a specified score on an English language test such as IELTS or PTE Academic, unless exemptions apply.

Eligibility Criteria for Employers

Australian employers must become approved sponsors to hire overseas workers under the subclass 482 visa. They must also prove that there is a genuine need for an overseas skilled worker and that no qualified Australian worker is available to fill the position.

482 visa australia

Visa Application Process

The Temporary Skill Shortage visa (subclass 482) involves a multi-step application process requiring employer nomination, individual visa applications, and a comprehensive document checklist.

Nomination by an Employer

An employer must first nominate the applicant for a specific position. They must demonstrate the need for an overseas worker and their inability to find a suitable Australian candidate. Nomination is the initial step, and the employer should ensure compliance with all relevant labour laws.

Applying for the Visa

Once the nomination is approved, the candidate can proceed with their Visa Application for the subclass 482. This process is initiated online, where the applicant will supply personal information, details of the nominated position, and any other required information. It’s essential for the applicant to hold a valid passport and be prepared to provide ID and identity verification documents.

Document Checklist

Documents are crucial to the successful Application Process. A thorough Document Checklist typically includes:

  • Passport: The applicant must provide a copy of the passport bio-data page.
  • Police Clearances: Evidence of good character, often including police clearance certificates.
  • Identity Documents: Birth certificates or national ID cards may be necessary.

Applicants must strictly adhere to the guidelines and provide complete and accurate documentation to avoid delays or denials of the visa.

482 tss visa job australia

Employer Obligations

When sponsoring an employee under the Temporary Skill Shortage visa (subclass 482), commonly known as the TSS visa, employers are subject to strict obligations. It is imperative that sponsoring employers understand these requirements to maintain compliance with Australian immigration laws.

Sponsoring an Employee

Employers must become approved sponsors by obtaining a Standard Business Sponsorship (SBS). This involves demonstrating lawful operation in Australia, commitment to training domestic employees, and the financial ability to meet sponsorship obligations. They must ensure the individual being sponsored possesses the necessary skills for the nominated position and that they comply with all visa conditions.

Labour Market Testing

Prior to sponsoring an employee, the employer is required to provide evidence of Labour Market Testing (LMT). This process demonstrates the employer has tested the Australian labour market and that a suitably skilled Australian worker is not available to fill the role. Employers must place multiple job advertisements in compliance with the Australian Labour Market testing conditions.

Temporary Skilled Migration Income Threshold (TSMIT)

Employers must meet the Temporary Skilled Migration Income Threshold (TSMIT), ensuring sponsored employees are paid at least the minimum income threshold. They should also provide the Annual Market Salary Rate (AMSR), confirming that the overseas worker will be paid equitably in comparison to Australian employees in similar roles. The AMSR must meet or exceed the TSMIT unless concession applies under a Labour Agreement Stream.

Employers are expected to comply meticulously with these obligations to uphold the integrity of the Australian immigration and labour systems. Failure to do so can result in penalties or the revocation of the right to sponsor workers.

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Visa Conditions and Compliance

The Temporary Skill Shortage visa (subclass 482) necessitates adherence to specific conditions both by visa holders and employers. Compliance is vital for maintaining visa validity and avoiding legal complications.

Visa Holder Responsibilities

Visa holders are required to maintain continuous health insurance for the duration of their stay in Australia. They must also adhere strictly to the work conditions specified in their visa. Changing employers is permitted, but they must ensure that the new employer is also approved by the Department of Home Affairs and that the new role aligns with the skills for which the visa was initially granted.

  • Health Insurance: Continuous coverage is mandatory.
  • Work Conditions: Work only in nominated occupation and for the sponsoring employer.

Employer Responsibilities

Employers must comply with the immigration laws and the specific conditions of the Temporary Skill Shortage visa (subclass 482). They are responsible for ensuring the visa holders they employ follow the terms of their visas, such as working in the approved occupation. Employers should be aware that non-compliance can lead to sanctions and the cancellation of their right to sponsor employees.

  • Visa Conditions: Monitor compliance with visa conditions for their employees.
  • Approved Occupations: Employ visa holders in the nominated occupations only.

Visa Condition Adjustments

From time to time, adjustments may be made to visa conditions, reflecting changes in immigration laws or policies. Visa holders and employers must stay informed of these changes to ensure ongoing compliance.

  • Notification: Both parties should promptly notify the Department of Home Affairs regarding any changes affecting the visa conditions, such as a change of employer by the visa holder.

Costs and Processing Time

The Temporary Skill Shortage visa (subclass 482) involves specific costs for the visa application and can be subject to additional expenses. One should also be aware of the processing time frames that vary by the stream of application.

Visa Application Fees

For those applying for the Temporary Skill Shortage visa, fees differ depending on the chosen stream:

  • Short-term stream: Starts at AUD 1,330 for the main applicant
  • Medium-term stream: Begins at AUD 2,770 for the main applicant

These fees only cover the primary applicant and additional charges apply for family members who are included in the application.

Additional Costs

Applicants may also encounter other costs related to:

  • Sponsorship application: Paid by the employer
  • Nomination application: Paid by the employer
  • Health assessments, if required
  • English language tests, if required
  • Professional advice or visa agent services: Optional

Expected Processing Periods

One should anticipate varying processing times based on the particular stream they apply for:

  • Short-term stream: Typically between 11 to 5 months
  • Medium-term stream: Typically between 8 to 4 months
  • Labour agreement stream: Typically between 9 to 4 months

These time frames are based on present processing conditions and are subject to change due to application volumes or other factors beyond an applicant’s control. It is crucial for applicants to prepare and submit a complete and accurate application to avoid any unnecessary delays.

Family Members and Dependants

When applying for a Temporary Skill Shortage visa (subclass 482), applicants may include certain family members on their application, subject to visa conditions.

Adding Family to Your Application

Family members that can be included in a Subclass 482 visa application consist of dependent children or step-children, as well as a partner. The partner can be of the same or opposite sex to the applicant. Affected applicants must demonstrate that their partnership is genuine and ongoing, meeting the criteria set forth by immigration authorities.

Visa Conditions for Family Members

Family members included in a Subclass 482 visa application are subject to specific visa conditions. The primary visa holder must declare all family members in their application, whether they are migrating or not. Family members must adhere to the visa conditions and maintain their eligibility status. For subsequent entrants, or family members applying after the primary applicant has been granted a visa, the primary visa’s provisions must allow additional entrants. If not, separate visa applications based on the individuals’ circumstances may be required.

Migrate to Australia

Our immigration lawyers and registered migration agents in Melbourne will be able to find you the best visa for your unique situation. You’ll be in good hands.

Pathways to Permanent Residency

The Subclass 482 Visa, often referred to as the Temporary Skill Shortage (TSS) Visa, offers a vital avenue for skilled workers to obtain permanent residency in Australia through employer sponsorship.

Transitioning from 482 to Permanent Residency

The process of transitioning from a Subclass 482 Visa to permanent residency is primarily facilitated through the Employer Nomination Scheme (ENS). Key components of this pathway include:

  • Visa Tenure: An individual must typically hold a 482 Visa and work for the nominating employer for at least three years before they are eligible for permanent residency.
  • Occupation Lists: Permanent residency pathways are linked to specific occupation lists which detail eligible professions.
  • Labour Market Testing: Sponsors must demonstrate they have tested the local labour market and could not find a suitable Australian candidate before nominating a foreign worker.
  • Salary Requirements: The visa holder’s salary must match the market rate for their occupation, ensuring they are not underpaid compared to Australian workers.

Eligibility for the permanent residency pathway also depends on various individual and employer criteria that must be met. The marriage of the candidate’s skills with Australia’s workforce needs underpins the success of this visa’s transition to permanent residency.

Speak to our Registered Migration Agents in Melbourne to arrange a consultation.

Learn more about other Australian work visas in the following guides: 482 Visa, 476 Visa, 190 Visa, 186 Visa, 400 Visa

iain macleod immagine immigration

ABOUT THE AUTHOR

Iain MacLeod

Iain has been working as an Immigration Adviser since 1988 and has been running his own practice since 1990. In 1998 he merged his practice with Myer Lipschitz leading to the creation of Protea Pacific Limited which was rebranded in 2008 to IMMagine New Zealand Limited...

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