TRANS AUS MIGRATION

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

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.