Temporary Skills Shortage Visas (Subclass 482)

This visa enables employers to bring skilled workers from overseas where employers can’t source appropriately skilled workers in Australia.

 

Criteria for an employee to apply for this visa:

Three Streams of Temporary Skills Shortage Visas

There are three steps to get a subclass 482 TSS to work visa :

Standard Business Sponsor (SBS): To become a standard business sponsor, the employer’s business must be legally established and currently operating. Your business can be in or outside Australia. The business has the financial ability to pay a nominated worker. A Standard Business Sponsor (SBS) will generally last for 5 years.

Nomination: There are three streams of temporary Skills Shortage Nominations. The employer must pay Skilling Australians Fund (SAF) and do the Labour Market Testing

  • Short-term stream–Visa holder can stay for up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies. Hong Kong passport holders may stay up to 5 years.
  • Medium-term stream: Visa holder can stay for up to4 years. Hong Kong passport holders may stay up to 5 years.
  • Labour Agreement: Visa holder can stay for up to4 years, depending on the terms in the labour agreement. Hong Kong passport holders may stay up to 5 years.

Skilling Australians Fund

A Skilling Australians Fund (SAF) levy is payable for each nomination under the TSS program, as follows:

  • The businesses with an annual turnover of less than $10million have an upfront payment of $1,200 per nominee, per year of intended employment will be required
  • The businesses with an annual turnover of more than $10million have an upfront payment of $1,800 per nominee, per year of intended employment will be required

Labour Market Testing

Immigration requires that all positions nominated for the grant of TSSvisas are advertised unless an International Trade Obligation exemption applies. The legislation further sets out where advertising should take place, for how long, and what should be contained in the ad. Basically:

  • The nominated position must be advertised in Australia for 4 weeks in at least three job advertisement portals including one government and 2 private job portals.
  • The role must be advertised in English, with the position title and duties as well as the salary range.

 

Visa Application

Criteria to apply for Visa Application:

  • The applicant must have at least 2 years of full-time, work experience in applying for occupation and meet the tasks as per the ANZSCOcode of the occupation(or the experience required under a Labour Agreement)
  • The applicant must meet the below English language test requirement(exemptions from English language testing are available in certain circumstances)
  • Short-term stream equivalent to average 5 in IELTS, with no scores under 4.5 in any of the 4 bands.
  • Medium-term stream: equivalent to a minimum of 5 in each band of IELTS; an average of 5 is not sufficient
  • Labour Agreement stream: Requirements as per the negotiated agreement or template
  • Both streams: Hold a passport from the UK, Ireland, USA, Canada and New Zealand.
  • Clear the character requirements and the health requirements

              

Conditions of 482 visa

TSS Visas are subject to the condition 8607:

  • The employee can only work for the nominating employer and the sponsored occupation.
  • The employee must fulfill the requirements of registration, licensing, or professional membership is required to work in the position in Australia
  • The holder must commence work within 90 days of grant or arrival in Australia
  • The holder is subject to cancellation if they cease work for more than 60 days

Expert Advice

The information provided above is general advice only and does not take into account specific circumstances. For a detailed assessment and advice on your situation or your business needs, please contact our team for assistance.