Subclass 482 Visa – Temporary Skill Shortage (TSS)
The Temporary Skill Shortage (TSS) Visa – (482 visa) – is the most commonly used visa for employers to sponsor overseas nationals in Australia. This visa has replaced the former ‘457 visa’.
If the occupation the overseas national is looking to be sponsored for is on the Medium and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL), the TSS visa can be granted for up to four years with the ability for visa renewal onshore for a further four years with a permanent residency pathway potentially available after two/three years on this visa.
If the occupation is on the Short-Term Skilled Occupation List (STSOL) the 482 visa can be granted for up to two years with the ability for a visa renewal onshore for a further two years and apply for permanent residency.
Hong Kong passport holders are eligible to be granted a visa for up to 5 years.
The 482 Visa is designed to assist businesses that are facing difficulties finding appropriate skilled labour in the local job market.
If an occupation you are looking to sponsor is not on the Skilled Occupation Lists, you may consider requesting a Labour Agreement.
Main Requirements Of The Subclass 482 Visa
Nomination applications associated with the subclass 482 visa are subject to the requirement of providing evidence of labour market testing (LMT) unless international trade obligations or specified exemptions apply.
This needs to have been undertaken within the four month period immediately prior to lodging the nomination application.
If an Australian citizen or permanent resident worker has been made redundant or retrenched from the nominated occupation within four months before lodging the nomination application, the advertising must have been completed from the date the redunduncy or retrenchment occured.
Occupations being sponsored on the Short-term stream will require IELTS of at least 4.5 in each test component or equivalent in PTE, TOEFL etc.
However, the Medium-term stream requires competent English (IELTS at least 5.0 in each test component or equivalent in PTE TOEFL, etc).
English language exemptions will apply to people that fall into one of the following categories:
- you are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America
- you have completed at least five years of full-time study in a secondary or higher education institution where instruction was conducted in English*.
Note: a higher education institution includes Vocational Education and Training (VET) courses for the purposes of this visa subclass - you are nominated for an occupation which will be performed at a diplomatic or consular mission of another country or an Office of the Authorities of Taiwan located in Australia
- the person is an employee of an overseas business who is coming to Australia to work for that company, or their associated entity, and the position has guaranteed annual earnings of at least AUD96,400
- your occupation requires you to hold a licence, registration or membership and:
- to be granted the licence, registration or membership you must demonstrate a level of English language proficiency that is equivalent to or better than the level described on the previous page (test/scores), and
- you have been granted the licence, registration or membership.
All applicants for the 482 TSS visa are required to provide evidence that they have at least two years of work experience in the nominated occupation or a related field.
The Department will take a flexible approach for specific industries that experience can be counted based on being part of a master’s degree and/or PhD for relevant occupations, or industry/clinical placements, internships or apprenticeships.
Placements, Internships and Apprenticeship experience can only be counted if it is either:
- As part of a CRICOS registered course of study where it is relevant to the nominated occupation
- Not part of a CRICOS registered course of study but it is undertaken at the skill level of the relevant occupation.
The Three Streams Of The TSS Visa (Subclass 482)
The Short-Term 482 Visa Stream
The Short-Term Visa Stream applies to overseas workers whose occupations are on the Short-Term Skilled Occupation List (STSOL) and they will be employed for 2 years, unless this is inconsistent with an international trade obligation. Short term visa stream holders will have the ability to renew this temporary 482 visa once onshore for a further period of 2 years and access a permanent residency pathway.
The Medium-Term 482 Visa Stream
The Medium-Term Stream applies to workers whose occupations are on the Medium and Long-Term Strategic Skills List (MLTSSL) and they can be employed for up to 4 years with the ability to transition to permanent residency after being employed by the nominating sponsor on a TSS visa for a minimum period of at least 2 years.
The Labour Agreement 482 Visa Stream
The Labour Agreement stream enables skilled overseas workers to be employed by a business that has an approved Labour Agreement with the Australian government. Pathways to permanent residency are also available.
Eligibility Requirements For A Temporary Skill Shortage (TSS) (subclass 482) Visa
Sponsor
The sponsoring employer will need to provide evidence that they have experienced difficulty in recruiting the nominated position in the local labour market. Exemptions to this apply if an international trade obligation applies. It is not mandatory to also advertise on the Australian Governments ‘Workforce Australia’ website.
Employers are required to provide remuneration to the nominated employee that are no less favourable to what would be offered to an equivalent Australian employee performing the same role at the same location. This requirement is known as the Australian Market Salary Rate (AMSR). The salary must also be above the Temporary Skilled Migration Income Threshold (TSMIT) applicable at time of application.
Employers nominating a worker for a TSS visa are required to pay a contribution to the Skilling Australians Fund that has been established by the Federal Government. The contribution is $1,200 per year or part year for businesses with an annual turnover of less than $10 million and or a contribution of $1,800 per year or part year for any other business, the contribution is payable in full at the time of the nomination application.
Applicant
All applicants are required to have at least two years of work experience relevant to the occupation being nominated.
All applicants will be required to provide a police clearance for every country they have spent 12 months or more in, in the last 10 years.
Occupations that are listed on the Short-term stream will be required to provide evidence of an English ability of at least IELTS 4.5 in each test component or its equivalent and occupations that are listed on the Medium-term stream will require at least IELTS 5.0 in each test component or its equivalent.
TSS Visa Occupation Caveats
Certain occupations have caveats associated with them, meaning that if a business wishes to be nominated in a particular occupation that has a caveat, further requirements must be met.
Some examples of the caveats imposed on certain skilled occupations are:
- Turnover of at least AUD$1 million per year
- At least five full time staff
- Positions such as bookkeepers, accounting clerks or clerical workers will not be able to be sponsored under the occupation ‘Accountant’
Next Steps in Obtaining a Subclass 482 TSS Visa
A list of the available occupations and occupation caveats can be found here.
If you would like further information on the subclass 482 TSS visa, or wish to schedule a consultation please contact our team of immigration
lawyers and registered migration agents on 1300 083 843 or via email at info@ethosmigration.com.au.
Temporary Skill Shortage Visa Frequently Asked Questions
The 482 visa is an employer sponsored visa. It allows employers to sponsor overseas workers in eligible occupations to fill skill shortages they are facing.
The Department has a Skilled Occupation List (SOL) that consists of the Short-Term Skilled Occupation List (STSOL), the Medium long-term Skilled Occupation List (MLTSSL) and the Regional Occupation List (ROL) which reflects the skill shortages in Australia and the occupations that can be sponsored by employers.
The requirements for an applicant to be granted a TSS visa in Australia require an individual to be nominated by an employer, have the relevant qualifications and/or experience in the occupation and have at least 2 years of relevant work experience in the last 5 years. Additional criteria such as character, health and English also must be met.
An applicant for a 482 TSS visa can include their spouse or de facto partner and children to their visa application. It is also possible to add their partner and children to the visa after they have been granted the visa by making an application for a ‘subsequent entrant’ 482 visa. Family members of a primary 482 visa holder are eligible to work full time in Australia (for any employer) and study.
Yes, after completing two years on your TSS 482 visa you may be eligible to transition to permanent residency via the Employer Nominated (subclass 186) visa via the Temporary Residence Transition (TRT) Stream.
The TSS visa can be granted for up to two years for an occupation on the STSOL (with the ability to extend for a further two years) or for up to four years for an occupation in the MLTSSL. Both streams provide a pathway to permanent residency via the Employer Nominated Scheme (subclass 186) after two years of employment on a 482 visa.
The price for the temporary work visa in Australia will depend on which visa stream you apply for.
In most cases yes. If the visa holder holds a 482 visa in a short-term occupation (STSOL) they can renew their TSS visa for a further two years and/or apply for permanent residency. Occupations in the Long-term List (MLTSSL) can either transition to permanent residency (if supported by the employer) or renew for a further four years.
If you are looking at changing employer whilst holding a SC482 visa your new employer will need to be an approved sponsor and submit a TSS Nomination before you can transfer your employment to the new sponsor. This is known as a ‘visa transfer’.
If your contact details have changed since you lodged your visa application, you can notify the Department of Home Affairs online through your Immi Account or through a paper Form 929.