Temporary Skills Shortage Visas (Subclass 482)

The Subclass 482 Temporary Skills Shortage visa allows skilled individuals to work in Australia for periods of up to 2 or 4 years, depending on the occupation stream. There are three steps involved in an application of this type:

1. The business applies to become a Standard Business Sponsor or negotiates a Labour Agreement
2. The business Nominates a position and names the person they want to employ
3. The employee lodges a Visa application, showing they have the skills for the nominated position.

Criteria

STEP 1: SPONSORSHIP

In order to be approved as a sponsor, the business must be able to demonstrate:

• It is actively and lawfully operating (either in Australia or overseas)
• It has the financial ability to pay a nominated worker
• There is no adverse information known about the business.

As part of the application, the business also commits to meeting a number of sponsorship obligations including notifying Immigration when certain events occur.

The Labour Agreement process is far more complex, and involves negotiation with the Department of Immigration. Certain industries have access to template Agreements with pre-set terms and limitations, while others must start from scratch. All on-hire companies must utilise a template Labour Agreement.

STEP 2: NOMINATION

Once a Sponsorship or Agreement is in place the business then nominates a position to be filled, identifying an occupation from one of the skilled occupation lists. The list that the occupation appears on will determine the 'stream' of visa, and the maximum length of time for which each 482 visa can be granted.

There are three relevant occupation lists for 482 visas:

• Medium-Long Term Strategic Skills List (MLTSSL) - Medium-term stream - Allows for a maximum 4-year visa
• Regional Occupation List (ROL) - Medium-term stream - Allows for a maximum 4-year visa, can only be used in regional Australia
• Short-Term Skills Occupation List (STSOL) - Short-term stream - Allows for a maximum 2-year visa

A Labour Agreement would set out the occupations available for nomination. Allows for a maximum 4-year visa.

The Nomination application must demonstrate:

• The tasks and duties of the position on offer align with those of the nominated occupation
• The position is genuine and fits within the scope of the business
• The position meets any 'inapplicability criteria' or 'caveats' attached to the nominated occupation, such as minimum salary, minimum turnover, or location of role
• The business has undertaken appropriate Labour Market Testing unless an exemption applies
• The position attracts a market rate salary that is no less than the Temporary Skilled Migration Income Threshold (TSMIT) of $70,000. If the market rate is less than TSMIT then the nomination cannot be approved.

Skilling Australians Fund

A Skilling Australians Fund (SAF) levy is payable for each nomination under the TSS program.

For businesses with an annual turnover of less than $10m:
An upfront payment of $1,200 per nominee, per year of intended employment will be required.

For businesses will an annual turnover of more than $10m:
An upfront payment of $1,800 per nominee, per year of intended employment will be required.

STEP 3: VISA APPLICATION The third and final step in the application process is the completion of the visa application on behalf of the employee. At minimum, all visa applicants must be able to demonstrate that they:

• Meet the ANZSCO skill-level requirements for the nominated occupation
• Have at least 2 years of recent, full-time, relevant work experience (or the experience required under a Labour Agreement)
• Meet the English language requirement relevant to the stream in which the application is made:
• 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
• Labour Agreement stream: Requirements as per the negotiated agreement or template
• All streams: Hold a passport from the UK, Ireland, USA, Canada and New Zealand.
• Do not have a substantial criminal history and meet the character requirements
• Meet the health requirements unless a waiver applies

Conditions

TSS Visas are subject to condition 8607:

• The employee can only work for the nominating employer, in the occupation in which they were sponsored
• If registration, licensing or professional membership is required to work in the position, the applicant holds this
• The holder must commence work within 90 days of grant or arrival in Australia; and
• 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 advise on your situation or your business needs, please contact our team for assistance.