Award Winning Visa Specialists

482 TSS Visa – Temporary Skilled Shortage Visa

This visa reformed the previous temporary employer sponsored 457 visa that allowed employers to sponsor overseas employees on a temporary basis.

There are three steps (or three separate applications) for a business or organisation to sponsor an overseas employee on a 482 TSS visa.

Business/Organisation applies to get approved as a Sponsor
The position and employee are nominated
The visa application is lodged

The 482 visa is a temporary visa which can be valid for up to 2 -4 years (depending on occupation) and allows the visa holder to live and work in Australia.

The 482 Visa is broken up into two streams

Short-term Stream which allows visas to be granted up to two years – for occupations listed on the Short-term Skilled Occupation list (STSOL)
Long-term Stream which allows visas to be granted for up to 4 years only for occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) for a TSS visa

The visa applicant can be sponsored for Permanent Residence after 2 years through the 186/187 Visa or they can apply directly for Permanent Residence if the visa applicant has at least 3 years relevant experience and a skills assessment from a relevant skills assessing authority.

After 2 years working for their sponsoring employer 482 visa holders and included family members may be eligible for Permanent Residence through the Temporary Residence Transition Stream – Employer Nomination Scheme (186 Visa) or Regional Sponsored Migration Scheme (187 Visa).

Immediate family members (such as a partner and children) and dependent relatives included in the application may also be entitled to live and work in Australia on the 482 visa.

Employers must meet specific Sponsorship and Nomination requirement before the intending employee can apply for a 482 visa.

The employer can be either an Australian or overseas business or organisation.

There are 3 steps in the 482-application process (click the headings below to open up the relevant information for each step)

1. Standard Business Sponsorship Application

Employers must seek approval as a Standard Business Sponsor with the Department of Immigration as the first step. Sponsors who frequently use the TSS program may apply to be accredited sponsors giving them access to streamlined processing.

There are a number of requirements that the business must meet in order to be approved.

Sponsorship Obligations apply to approved Business Sponsors.

2. Nomination Application

Employers are required to nominate each of the positions they seek to fill with an overseas employee.

The nomination is required to relate to an occupation published by the Department of Immigration occupation list that relates to the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

Skilling Australia Fund (SAF levy)

Nominators are now required to make a contribution to the Skilling Australia Fund (SAF levy) as part of the Nomination application. The amount of the contribution is dependent on how long the duration of the visa is sought for i.e. from 1 to 4 years.

The SAF levy costs are as follows:

Small business (turnover less than $10 million)
• 482 TSS visa – $1,200 per year

Other businesses (turnover more than $10 million)
• 482 TSS visa – $1,800 per year

Example, If a Small business with a turnover less than $10 million intends to sponsor an employee for a period of 4 years, the business will need to pay $4,800 upfront towards the SAF levy.

Each occupation requires a certain skill level of the 482-visa applicant.

Salary Requirements

482 Nominators (businesses who are sponsoring the visa applicant) are required to offer their oversees employees terms and conditions of employment that are no less favourable than those offered to Australian employees or that would be offered to Australian employees for performing the same occupation in the same location.

Nominators are required to pay their overseas employees at or above the Market Salary Rate for that occupation in the location where the visa applicant will be employed.

Where the business employs an Australian performing an equivalent job in the same location to that of the proposed visa applicant the market rate is determined by what is paid to the Australian employee.

If the business Sponsor does not employ an equivalent Australian employee the Market Rate will have to be determined. There is a procedure mandated by Migration Law when determining the market salary rate, where there is and when there is not an equivalent Australian employee.

Importantly, that market salary rate must be above the Temporary Skilled Migration Income Threshold (TSMIT) which is currently set at $70,000. That is, the Market Salary (based on a 38-hour week exclusive of superannuation) must be above the minimum salary of $70,000.

Recent reforms to Nomination applications have increased their complexity, particularly in reference to the anti-fraud measured, determination of a genuine occupation, the determination of the market salary and Labour Market Testing.

3. 482 Visa Application

The final step is the 482-visa application itself. The visa applicant must demonstrate the following:

- - Skills and/or experience required of the nominated position
  - Minimum of two years full time Work Experience in the Nominated occupation (many occupations require additional work experience)
  - Have a skills assessment if your occupation and country of origin requires it
  - Satisfy health and character requirements
  - Meet the Genuine Temporary Entrant requirement
  - Meet the English Language requirement

Applicants nominated in specific occupations who originate from certain countries may be required to demonstrate that they have the required skill level by passing a Skills Assessment.

Registration, licensing and/or membership may also be a required depending on the nominated occupation.

There is no minimum age requirement for the 482 visa.

Skill Requirement

When making an application for a 482-visa application the Visa applicant needs to demonstrate that they have the required skills, education and/or work experience to perform the nominated occupation. The required skill level will depend on the occupation in which the visa applicant is nominated in.

Most professional occupations require a degree or at least 3- 5 years relevant work experience while other occupations require a trade certificate/diploma or at least 1-3 years relevant experience depending on the occupation.

An applicant for the 482 visa is required, at a minimum, to have at least 2 years full-time experience relevant to their nominated occupation.

Where an application is made on the basis of the applicants work experience only, employment references need to be supplied that demonstrate the applicant’s ability to perform the occupation.

The Department has strict requirements on what must be included in employment references.

482 Visa English Language Requirement

Those that are not exempt from meeting the English language requirement will have to provide evidence that they have the required standard of English. Should your nominated occupation require a higher English threshold for registration, licencing or membership in Australia you will have to demonstrate that you can meet the higher English Language threshold also.

482 Health Insurance Requirements

Those visa applicants from countries with reciprocal health care arrangements with the Australian government can satisfy this criterion by providing proof of enrolment with Australian Medicare (Irish passport holders do not require this and need only show their passport).

Health Insurance for 482 Visa holders (including accompanying family members) equivalent to that offered to Australians under the Medicare system is mandatory, and a visa will not be granted until health insurance is obtained.

Visa applicants from certain countries and those intending to undertake specific activities in Australia may be required to undergo medical examinations before a visa is granted.

Family members/De Facto partners included on your 482 Visa

A de-facto partner can be included in a 482-visa application as an accompanying secondary applicant.

A de facto relationship will have to be demonstrated as part of your application. Ordinarily you will have to demonstrate that you and your partner have been living together for at least 6 months.

Members of your family, including children and dependents over the age of 18 may also be included in your application.

Exceptions to the Requirements

It is often the case that Migration Law makes provision for the waiver of certain requirements in the above circumstances. There are many such instances where exceptions are available in the employer sponsored category. Careful consideration of your circumstances needs to assessed and a strategy devised so that you may achieve your desired goal.

As with most areas of Migration Law there are a number of ways to meet the requirements and of course there are exceptions outlined in the departments policies.

We provide comprehensive advice on meeting the legal and policy requirements governing this area of practice.

We regularly lodge applications for varied business structures across all industry sectors including Publicly Listed Companies, Private Companies, Partnerships, Trusts, Franchises and Sole Traders.

Where a business is not eligible to be approved as a Standard Business Sponsor upon your first inquiry with us, we will work with your business to ensure that all legal requirements are met.

We handle all communications between the Department of Immigration and third parties on your behalf and keep you fully informed at all stages.