
Subclass 482
What is Visa Subclass 482?
Temporary Skill Shortage Visa subclass 482 (TSS
Visa) was introduced in 2018, as a replacement for
the Visa subclass 457. TSS visa allows eligible employers to recruit foreign
workers to fill the gap of skill shortages in certain identified occupations,
having first given priority to Australian workers. All 482 visa applicants must
be nominated by a business which has been approved as a business sponsor or had
executed a labour agreement. Some
salient features of this Visa are given below.
What are the
three streams available under TSS?
(a) Short Term
TSS
(b) Medium
Term TSS
(c) Labour Agreement
scheme
What are the general
eligibility criteria for the Applicants for all three streams?
- Sanctioned nomination for the Applicant by an
approved Sponsor
- No age limit
- Minimum
of two years’ work experience during the last 5 years, in the nominated
occupation or related field,
- Completion
of the qualifications & the skilled assessments (if required for the
occupation)
-
Possess a license to practice
the occupation, if required by law
- Minimum
English language proficiency required for the stream
- Should possess a substantive visa or a bridging
visa, if applying in Australia.
- Fulfillment of the health & character requirements
- Other requirements specific to the stream
Key eligibility
and benefits under Short Term TSS
(a) specific eligibility
criteria
(b) specific benefits
under Short Term TSS
(a) Key specific eligibility
criteria under Short Term TSS
(i) The occupation
should be in the Short Term Skilled Occupation List (STSOL)
(ii) Must work in
the nominated occupation with the nominating employer’s business or an associated business (for
some occupations exemptions apply)
(iii) IELTS overall
5 (no band below 4.5) or equivalent (unless exempted)
(b) Some Benefits/Limitations under Short Term TSS
(i) Allows to live & work in Australia up to 2 years (up to 4 years if an international Trade obligation applies); subject to (a) (ii) above.
(ii) Eligible
family members can be included
(iii) No direct
path to the permanent residency (PR)
Key eligibility and benefits under Medium Term TSS
(a) specific
eligibility criteria
(b) specific benefits
under Medium-term TSS
(a) Key specific
eligibility criteria under Medium term TSS 482
a. Occupation
should be in the Medium & LongTerm Skilled Occupation List (MLTSSL)
b. Must work in
the nominated occupation with the nominating employer’s business or
c. an associated
business (for some occupations exemptions apply)
d. IELTS overall
5 (no band below 5) or equivalent (unless exempted)
(b) Some Benefits/Limitations
under Medium Term TSS 482
(i)
Allows to live
& work in Australia up to 4 years; subject to (b) (ii) above.
(ii) Eligible
family members can be included
(iii) An
extension may be possible via a new nomination & new visa.
(iv) Pathway
to the PR is possible via Subclass 186 or 187; under Employer nomination Scheme
What is the labour agreement
scheme and what are its key features?
- Labour agreements
are between the Australian Government and the Employer.
-
An Employer who has a Labour agreement can nominate skilled workers in
the
occupations specified in it.
-
The applicant can only work for
his/her Sponsor
-
Allows to live & work up to 4 years depending on the terms of the
agreement
-
Eligible family members can be included
-
Unless the labour agreement provides a concession, English language
requirements
for Short-term TSS 482 will be applicable
-
Labour agreements may or may not allow
nominated workers to progress to PR.
What is the Short Term and
Medium Term TSS Visa Application Process?
(i) The Employer must be an approved business sponsor or by making an application must become an approved business sponsor or be a party to a labour agreement.
(ii) The Employer must lodge a nomination application, with the applicant as the Nominated Employee for a TSS Visa.
(iv) The
Applicant must lodge an application for a TSS Visa.
What are the other key
requirements to be satisfied by a Sponsoring Employer?
(i)
Conduct a Labour
Market Testing (LMT): This is to prove that the Employer has first attempted to
source workers from the Australian labour market. If
there is an international treaty obligation this is exempted.
(ii) Market
Salary Rate: Employer must pay market salary rates for the nominated occupation.
Annual Market Salary Rate (AMSR) and the guaranteed earnings must be above Temporary
Skilled Migration Income Threshold (TSMIT) which is $53,900, as of July 2020
(iii) Must operate a legally established business with a strong track record (or demonstrated commitment) to employ Australian labour and no record of adverse information affecting the suitability as a sponsor.
(iv)Declaration by employer about engagement of non- discriminatory employment practices
As
this note is only a brief introduction to the Visa Subclass 482, we advise you
to seek professional assistance before proceeding further. Further, information
herein may be subject to change by the Home Affairs Ministry of Australia from
time to time.
The
application process of the TSS Visa 482 requires the Australian Employer to
fulfill certain obligations, carry out extensive work associated with it (e.g. to
carry out a Labour market testing) and close coordination with the Applicant.
This employer sponsored visa process may require professional guidance.
With extensive experience in the migration
business in Australia, the Melbourne based Trans Aus Migration has the
capacity, skill, and competence to handle the entire Temporary Skill Shortage
Visa 482 process in a seamless manner.
You can reach Trans Aus Migration via email info@transausmigration.com.au
or by contacting one of our
offices. Australia (Melbourne Office) +61422003431 (WhatsApp) or +61391166110:
Sri Lanka (Colombo Office) +94775545466
The information
contained above is for the general understanding of the process only. Trans Aus Migration does not undertake the responsibility
for anyone acting solely based on the above contents without seeking professional
advice.