Temporary Skill Shortage Visa (Subclass 482)

The Temporary Skill Shortage (TSS) visa allows an employer to sponsor a skilled worker to fill a position they are unable to find a suitably skilled Australian to fill. The idea of the visa is to facilitate the employment of foreign workers to address skill shortages, while still giving first priority to Australians.

As of 18 March 2018, the 457 visa was replaced by the TSS visa (subclass 482), which included three streams: Short-term stream, Medium-term stream and Labour-Agreement stream.

Different Visa Streams:

The type of stream you fall into is dependent on your employer, your role and location.

Short-term stream

This visa stream enables employers to address short term labour shortages by bringing in genuinely skilled overseas workers where employers cannot source an appropriately skilled Australian. The visa recipient is able to stay for up to two years, or up to four years if an International Trade Obligation (ITO) applies.

Requirements: the occupation must be on the short-term skilled occupations list.

Medium-term stream

This visa enables employers to address labour shortages by bringing in genuinely skilled workers where employers can’t source an appropriately skilled Australian. The visa recipient is able to stay for up to four years.

Requirements: the occupation is on either the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL)

Labour Agreement stream

The Labour agreement stream visa is for skilled workers nominated by employers with a Labour Agreement. It lets you live and work in Australia temporarily. The visa recipient is able to stay in Australian for a maximum of four years, depending on the agreement.

Applying for the tss 482 Visa

There is a three-step process involved when it comes to applying for the TSS 482 visa.

Step 1 (Sponsorship) : the employer must lodge a sponsorship application to be approved as a Standard Business Sponsor by demonstrating lawful and active operation in Australia, amongst other criteria.

Step 2 (Nomination): a nomination application needs to be made by the employer for the skilled position they are intending to fill, which needs to be both genuine and full-time as outlined above. As part of this step, there are various requirements to be met:

Labour market testing: the business needs to show they unsuccessfully advertised the position within Australia.
Salary level: the remuneration must be above the Temporary Skilled Migration Income Threshold (TSMIT) and within market rate for the role.
Training levy: with the introduction of the new TSS visa, there is a Skilling Australians Fund (SAF) levy to be paid at the nomination stage.

Step 3 (Visa): a visa application by the nominated employee demonstrating they have the skills to fill the position and also meet the health and character requirements.

Visa Eligibility Criteria:

You may be eligible to apply if you:

have been successfully nominated for a position by an approved sponsor.
have adequate health insurance.
have the required skills and qualifications.
meet English language requirements.
meet skills assessment requirements, if applicable.
meet work experience requirements.

There is no age requirement for the TSS visa.

Work Experience

TSS 482 visa applications need to have worked within the nominated occupation, or a related field, for at least two years before applying. When looking into a TSS visa applicant’s skills and qualifications, Home Affairs case officers cross-reference the position description supplied in the employer’s nomination application with the visa applicant’s qualifications and work references. Work experience is considered in the context of the nominated occupation and industry practices.

The work experience requirements are:

The work experience has been undertaken in the last five years and is calculated in terms of full-time work.
Experience gained as part of the research components of a Masters and/or PhD may be considered as work experience for relevant occupations, such as medical and research occupations.
Experience gained through clinical placements and internships may be considered as work experience for medical practitioners, including Resident Medical Officers (RMOs).
The internship component of the Professional Year Program may be considered as work experience for relevant occupations.
Performance experience gained while studying may be considered for applicants with a performing arts occupation.

Free Visa Assessment

Whether you are a business looking to hire a foreign employee, or a skilled worker looking to fill a shortage in Australia, we can determine your eligibility for this visa. Please email us your details at info@nadeemlawyers.com.au or call us at 02 9635 7903 and we will provide you with more detailed information on the steps, fees and process.

DISCLAIMER: The information provided here is only for general understanding and does not constitute legal advice.

Nadeem lawers

Nadeem Lawyers is a law practice with a focus on Immigration, Business & Property Conveyancing, Family Law, and Wills & Estate. We are conveniently located in the Parramatta CBD. We pride ourselves on our personable approach and focus on establishing long-term relationships with our clients. Our team is committed to achieving meaningful results for our clients in a cost-effective manner. We feel a great sense of achievement when we see our clients emerging happier at the conclusion of their matters.