Temporary Skills Shortage Visa (Subclass 482)

This temporary visa lets an employer sponsor a suitably skilled worker to fill a position when they can’t find a suitably skilled Australian to fill. This is a Temporary visa and allows you to stay in Australia for up to 5 years. Temporary Skill shortage visa subclass 482 has three streams: Short-Term Stream, Medium-Term Stream, and Labour-Agreement Stream. The visa applicants can be in or outside Australia to lodge a valid visa application. Also, the visa applicants can include their family members in the same visa application, but only for their spouse and dependent children only.

If the visa applicants in the Medium-Term Stream have worked for their sponsors for three years on this visa, they may be eligible to meet the requirements to apply for permanent residency (subclass 186 visa). The visa applicants in the labour agreement stream are subject to the specific agreement.

 

Criteria

The TSS 482 visa involves a three-step process:

Step 1. SPONSORSHIP

Applying for approval as a business sponsor would require the business to provide details to show:

• Have a legally established and currently operating business
• The business has the financial ability to pay a nominated worker
• Have no adverse information regarding the business
• The business commits to meeting the sponsorship obligations

The Labour Agreement may need to negotiate terms and conditions with the Department of Home Affairs.

 

Step 2. NOMINATION

The visa applicant must be nominated in one of the three TSS application streams, and the annual salary of the visa applicant must not be less than AUD53,900 (TSMIT).

1) For the Short-Term stream:

• The nominated occupation must be on the Short-term Skilled Occupations List (STSOL)
• Applicants must show that they are Genuine Temporary Entrants
• The visa is valid for up to 2 years (unless an International Trade Obligation applies)
• The visa can only be renewed onshore once

2) For the Medium-Term Stream

• The occupation must be on the Medium and Long Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL)
• The visa can be valid for up to 4 years
• The visa applicants may be eligible to apply for a Permanent Resident Visa after they worked for the employer for 3 years

3) For the Labour Agreement Stream

This stream is for employers who have negotiated a labour agreement with the Australian Government.

Labour Market Testing

The Department of Home Affairs requires that all positions nominated for the grant of TSS visas are advertised unless an International Trade Obligation exemption applies, which means that the sponsors must provide a copy of the advertising material used to advertise the position when nominating an applicant to prove that they are unable to find a suitable Australian worker. Also, the advertising must be done within 4 months immediately before lodging a nomination application.

Skilling Australians Fund

The employer must pay the Skilling Australians Fund (SAF) levy. The purpose of the levy is for employers to contribute to the broader skills development of Australians.

• For a business with an annual turnover of less than $10 million: AUD1,200 per year
• For a business with an annual turnover of $10 million or more: AUD1,800 per year

 

Step 3. VISA APPLICATION

The employee would then apply for a visa to work in Australia to fill the nominated position. The eligibility requirements for the visa applicant as follows:

• Have at least 2 years of relevant work experience in your nominated occupation or a related field (or the experience required under a Labour Agreement)
• Have a relevant skills assessment if this is required for your occupation
• Meet the ANZSCO requirements for the nominated occupation
• Meet the English language requirement relevant to the stream in which the application is made (unless exempt):
  • Short-term stream: equivalent to average 5 in IELTS, with no scores under 4.5 in any of the 4 components
  • Medium-term stream: equivalent to average 5 in IELTS, with no scores under 5 in any of the 4 components
  • Labour Agreement stream: requirements as per the negotiated agreement
• Have adequate arrangements for health insurance
• Satisfy certain Public Interest criteria and Special Return criteria
• Meet health and character requirements

 

Fees

Sponsorship Application fee — AUD420

Nomination Application Fee — AUD330

The visa lodgement fee will depend on which stream the application is being lodged under (From 1 July 2021):

• Short-Term Stream: Main Applicant – AUD1,290, Spouse – AUD1,290, Child – AUD325
• Medium-Term Stream: Main Applicant – AUD2,690, Spouse – AUD2,690, Child – AUD675
• Labour-Agreement Stream: Main Applicant – AUD2,690, Spouse – AUD2,690, Child – AUD675

 

Visa Conditions

You must maintain health insurance at an appropriate level while you are in Australia. Also, the primary visa holder must engage in approved work. This generally means:

• only work in the occupation for which your visa was approved
• only work for the employer who nominated the position you are working in (limited exceptions apply)
• not cease employment for a period that exceeds 60 consecutive days
• hold any licence, registration or membership that is mandatory to perform the occupation nominated in relation to you
• comply with each condition or requirement to which the licence, registration or membership is subject