Subclass 482Temporary Skill Shortage Visa
What is a tss visa?
Known as the TSS Visa, the Temporary Skill Shortage Visa enables Australian companies to resolve and address labour shortages by sponsoring and recruiting skilled workers to fill positions where they cannot find an appropriately skilled Australian. A holder of this visa will be allowed to stay and work in Australia for 1 – 4 years and there is a possible renewal and permanent residency pathway.
To be eligible for the Subclass 482 Visa, the general requirements are:
2 years post-qualification work experience in nominated occupation
No age limit
This stream is for employers and businesses to source genuine temporary overseas skilled workers in occupations listed under the Short-term Skilled Occupation List (STSOL) for a maximum of 2 years each time (or up yo 4 years if an international trade obligation applies)
This stream is for employers and businesses to source highly skilled overseas to fill medium-term critical skills in occupations listed under the Medium and Long-term Strategic Skills List (MTSSL) or the Regional Occupations List (ROL) for up to 4 years (each time) with eligibility to apply for permanent residence after 3 years.
The stream is for employers and businesses 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.
STANDARD BUSINESS SPONSORSHIP
An employer first needs to apply to become a Standard Business Sponsor (SBS) to be able to a skilled worker for the Subclass 482 TSS Visa. The sponsorship is usually valid for 5 years and to get an approval, an employer needs to satisfy the following:
- Be a lawfully operating business
- Has demostrated commitment to employ local labour
- Business has no relevant adverse information
Nomination of position
The employer then needs to apply for the nomination of the main applicant’s occupation. To attain a successful outcome, the employer needs to satisfy the following:
- Business must nominate the main applicant under a eligible skilled occupation on the relevant occupation list
- Business to provide evidence of Labour Market Testing (Exemptions may apply)
- Business must make a commitment to pay the minimum salary of AUD$53,900 per annum plus superannuation that is consistent with the market salary rate
The visa application can be lodged onshore or offshore and main applicant must meet the following conditions and requirements:
- Demonstrate that they have the requisite skills, qualifications and experience and employment background to match the nominated position
- Pass the relevant skills assessment or hold any relevant licenses or registration (If applicable)
- Meet English language requirements
- Meet health and character requirements
Salary level, Caveats & Experience
TSS Salary lEvEl
To ensure that overseas workers are protected and the local labour market is not undercut, businesses seeking to employ an overseas work will need to pay the nominated employee the market salary rate. In any case, it must be above the Temporary Skilled Migration Income Threshold (TSMIT), which is currently $53,900 plus superannuation as set by the Department of Home Affairs each year.
caveats & considerations
Some occupations are subject to caveats and additional considerations that set a minimum remuneration level that is above TSMIT. For instance, occupations such as Marketing Specialist excludes positions that have nominated annual income of less than AUD$65,000. Another example includes occupations such as Corporate Service Manager, which requires the business to have turnover of at least AUD$1 million.
qualification & work experience
To be eligible for a Subclass 482 Temporary Skill Shortage Visa, applicants are required to have worked in the nominated occupation, or a related field, for at least 2 years (must be post-qualification experience). To illustrate, even after attaining a relevant Bachelor’s degree from an Australian University or overseas recognised qualification, you will still need to acquire 2 years work experience after attaining the qualification in order to be eligible. Likewise, applicant qualification and experience must also meet the minimum skill level requirement for the nominated occupation.
CHanging occupations or employers?
As a Subclass 482 (TSS Visa) holder, there are conditions attached to the visa grant. Condition 8607 applies to all Subclass 482 holders, whereby primary holders need to conduct further action when looking to change occupations and/or employers. A new nomination and visa grant is required before you can work under the new occupation or for a new employer. That being said, if your employment has terminated, holders also need to act within 60 days to stay in Australia legally.
All Subclass 482 TSS applicants (i.e. primary and secondary) can either be inside or outside Australia. However, if the application is for a short-term stream Subclass 482 TSS Visa, the applicant must be offshore if the following apply:
- You have held more than one short-term stream Subclass 482 TSS Visa
- You were in Australia when the application for your most recent Subclass 482 TSS Visa was made
- This requirement would not be inconsistent with any international trade obligations (ITO)
Holders of two short-term stream TSS visas consecutively (where the second application was made in Australia) can apply for a further short-term stream Subclass 482 TSS Visa offshore. It is also important to be aware that your immigration history will be taken into consideration to determine if you have met the Genuine Temporary Entrant (GTE) requirement necessary for this visa stream. (Exemptions may apply)
From SUBclass 457 to Tss
Understanding the Transition
Employers who are already approved Standard Business Sponsors for Subclass 457 will still be able to sponsor skilled overseas workers.
If you are a Subclass 457 holder whose visa is not expiring but looking to change employers, you will need to apply for a new Subclass 482 nomination and link it to your current Subclass 457 Visa. You will also be required to apply for a new Subclass 482 before your current visa expires.
Subclass 457 Visa holders who wish to change occupations will need to lodge a new Subclass 482 TSS Visa application referencing a new nomination.
Dependents of Subclass 457 holders are able to lodge a subsequent dependent Subclass 282 TSS application which will be linked to their family’s Subclass 457 visa/nomination application. Validity period of the the visa will match the expiry date on the main applicant’s Subclass 457 Visa
If you applied for the Subclass 457 Visa before 18 April 2017, the Subclass 457 grandfathering provisions may apply to you. This means that the previous work experience requirement of 2 years for Subclass 186/187 may apply to you rather than the current of 3 years.
There is no age limit for Subclass 482.
Don’t risk a refusal by applying for your Subclass 482 Temporary Skill Shortage Visa without the right advice. Find out everything you need to know before deciding your next course of action. Fill in your details and a member of the Think Visa team will contact you to understand your circumstances.