Temporary Skill Shortage (TSS) Subclass 482 Visa

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The Temporary Skill Shortage (TSS) 482 visa gives businesses an opportunity to hire experienced professionals from overseas to fill skilled shortages and sponsor them to live temporarily. Depending on the occupation, the sponsored employee may be able to extend their stay and obtain Australian permanent residence.

The TSS 482 visa has replaced the 457 visa and operates in much the same way.

General Requirements

There are up to three applications to this process before an employee can obtain their TSS 482 visa.

Standard Business Sponsorship application

The Standard Business Sponsorship (SBS) application requires the employer to:

  • Show the business is a lawful and actively operating business

  • Explain the nature of their business and financial viability

  • Commit to meeting sponsorship obligations

If the approved the SBS will valid for 5 years and during this time, the employer can nominate numerous TSS nomination and visas

Without a valid SBS in place, a TSS 482 nomination nor a TSS 482 visa cannot be approved.

And,

TSS 482 Nomination application

The employer nominates the position that they are finding difficult to fill with an Australian citizen or Australian permanent resident. As part of this process the employer will be required to:

  • Demonstrate the position aligns with suitable occupation from the Australian and New Zealand Standard Classification of Occupations (ANZSCO)

    • The nominated ANZSCO occupation must be on either the Short Term Skilled Occupation List (STSOL), Medium and Long-Term Strategic Skills List (MLTSSL) or Regional Occupation List (ROL)

  • Meet any additional caveats the nominated occupation might have

  • Evidence its attempts to fill the position with an Australian worker

  • Remunerate the visa applicant with a salary that is at the Australian Market Salary Rate. Both the salary offered to the applicant and the market rate needs to be at least AUD73,150

  • Contribute to the Skilling Australians Fund levy:

    • AUD1200 for each year the visa applicant is nominated - if the company turnover was less than AUD10mil, or

    • AUD1800 for each year the visa applicant is nominated - if the turnover was at least AUD10mil

TSS 482 Visa application

This process requires the visa applicant to meet certain criteria, some of which is dependent on the occupation they have been nominated in:

  • The is no age limit

  • Meet health and character requirements

  • Evidence at least 2 years relevant work experience

  • Meet the ANZSCO requirements for the nominated occupation

  • Meet the English language requirement or hold a passport from NZ, USA, Canada, UK or Ireland:

    • STSOL - English language test equivalent to IELTS 5 average including a minimum of 4.5 in each of the tested components

    • MLTSSL - equivalent to IELTS 5 in each band

Duration and Travel Facility

A TSS 482 visa in the short term stream (STSOL occupation) will be valid for up to 2 years unless an International Trade Obligation (ITO) applies. There may be an opportunity to renew this visa one more time while the visa applicant is in Australia. There is no pathway to Australian permanent residence without being covered by the Grandfathering Provisions.

A TSS visa in the medium term stream (MTSSL occupation) will be valid for up to 4 years with an opportunity to seek permanent residence via the Employer Nomination Scheme (ENS).

Hong Kong passport holders and British National Overseas (BNO) passport holders will receive a visa validity of 5 years.

During the validity period of the TSS visa, the holder will have unlimited travel rights. However, they should be across the visa conditions when it comes to taking extended leave or terminating employment.

Key Visa Conditions

There are a few visa conditions that apply to 457 and 482 visa holders upon visa grant. The key ones to note include the following:

  • the visa holder can only work for the sponsoring employer unless their employment has ceased

  • the visa holder can only work in the occupation in which they were sponsored unless their employment has ceased

  • if employment with the sponsoring employer has ceased, the visa holder may work for any business and in any position:

    • for up to 180 days in one block, and

    • no more than 365 days across the entire validity of that visa

  • work with an employer who is not the sponsor will require a new nomination application if it exceeds the above duration

    • if the occupation is changing, a new visa application will also be required

  • the visa holder has the relevant registration, licence or professional membership (if required to perform the work)

  • the holder must commence work within 90 days of visa grant or arrival in Australia

  • sponsoring employers are still required to notify the Department of Home affairs of the cease in employment within 28 days

Some Frequently Asked Questions about those Conditions

Some of the commonly asked questions we get from sponsored employees in relation to their visa conditions include:

  • Can I start a business on a 482 Visa?

  • Can I start a business on a 457 Visa?

  • Can I sponsor myself for a 482 Visa?

  • Can a student visa holder start a business in Australia?

  • Can I work or do business on 457 dependant visa?

  • Can a 457 visa change employer?

  • Can a 482 visa change employer?

The short answer is “possibly” but, given the strict conditions associated with these visas, we strongly recommend getting advice on your specific situation from a trusted Registered Migration Agent to ensure your ongoing compliance, and to reduce the risk of visa cancellation and ramifications on future visa applications.

We have extensive experience in this area so, contact us to discuss further.

Employers will also have sponsorship obligations to meet during the term of their approved sponsorship.

Global Talent - Employer Sponsorship (GTES) Visa

GTES offers businesses and highly skilled professionals access to the TSS 482 visa where another type of visa is not possible.

Both startup (with a technology or STEM focus) and established companies may qualify for this option and will need to show their efforts to fill the role locally, that the sponsorship of a highly skilled professional will result in skills transfer and job opportunities for local workers and that they will enter into a Labour Agreement with the Department of Home Affairs.

GTES provides access to wider range of occupations that typically might not be available to to the TSS 482 visa, a longer visa period of up to 4 years and a pathway to the employer nomination permanent residence 186 visa.

Designated Area Migration Agreement (DAMA)

The Designated Area Migration Agreement (DAMA) is a formal agreement between the Australian Government and the regional, state or territory authorities.

DAMA provides a great opportunity for businesses operating within these regions, states and territories to sponsor skilled and semi-skilled workers within a broader range of occupations for the TSS 482 visa and potentially ENS 186 permanent residence.

First, an employer needs to have the endorsement from their Designated Area Representative (DAR). They then apply to enter into a labour agreement with the Australian Government, nominating the list of occupations they think they will need to rely on over the next 5 years and if successful, can proceed to sponsor individuals for the relevant visa.

Whilst this arrangement provides greater flexibility to businesses and helps them to react accordingly to economic and market driven demands, the DAMA ensures that these businesses are also employing Australian citizens and Australian permanent residents as their first priority. Only if the positions cannot be filled with an Australian employee can the business then look to sponsor overseas workers.

Not all regional, state or territory authorities are currently participating in this scheme, with the following regions signed up thus far:

  • Northern Territory

  • The Goldfields, Western Australia

  • Great South Coast

  • Adelaide City and Regional South Australia

  • Orana, New South Wales

  • Far North Queensland

Contact us to discuss your needs and these possible options.

Employer Sponsorship Obligations

It is important that employers understand and comply with their sponsorship obligations while sponsoring a TSS 482 visa holder to avoid serious consequences. Further information on employer sponsorship obligations can be found here.

Pathway to Permanent Residence

Taking your 457 visa or TSS 482 visa to Australian PR

With the 457 visa being phased out there are still opportunities for some 457 visa holders to seek permanent residence (PR).

For TSS 482 visa holders, the 482 occupation list will determine whether their visa will be granted for a maximum of 2 or 4 years and if there is a pathway to the permanent residence - Employer Nomination Scheme (ENS) 186 visa.