IF YOU HAVE A QUESTION PLEASE PUT IT IN THE COMMENT AT THE BOTTOM OF THIS PAGE.

Source: Department of Home Affairs website: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482

This visa, referred to as the TSS visa, enables employers to address labour shortages by bringing in genuinely skilled workers where they cannot source an appropriately skilled Australian. It facilitates targeted use of overseas workers to address temporary skill shortages, while ensuring that Australian workers get priority. TSS visa holders can work in Australia in their nominated occupation for their approved sponsor under one of three streams:

• the Short-Term stream - for occupations listed on STSOL (Short term occupation list)
• the Medium-Term stream - for occupations listed on MLTSSL (Medium and long term strategic skills list) and in regional Australia on ROL (Regional occupation list)
• the Labour Agreement stream - not discussed on this page. This stream is available if your employer wishes to sponsor you (as an overseas worker) and has entered into a labour agreement with the Department when standard temporary or permanent visa programs are not available.

This visa is replacing a subclass 457 Temporary Work (Skilled) visa from 18 March 2018.

Useful links:

- Legislation changes March 2018: http://visa.ozhome.info/legislation-_-policy/2018/march-2018---selected-changes

- skilled visa occupation lists valid as at 16 November 2019:http://visa.ozhome.info/legislation-_-policy/2019/skilled-occupation-lists---16-november-2019

- sponsorship obligations: https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/existing-sponsors/standard-business-accredited-obligations

A business wishing to sponsor a person for 482 TSS visa must become a standard business sponsor.

Eligibility requirements:

- the business must be a lawfully operating business in or outside Australia

- the Australian business has a strong record of, or a demonstrated commitment to, employing local labour; and will not engage in discriminatory recruitment practices

- there is no adverse information known to Immigration about the business or a person associated with the busiess

- an overseas business can be approved as an SBS for the purpose to:

(i) establish, or assist in establishing, a business operation in Australia with overseas connections; or

(ii) fulfil, or assist in fulfilling, a contractual obligation

SBS duration: 5 years

Application Fee: $420

An approved sponsor - SBS - may nominate a person for 482 visa.

Eligibility requirements:

- a business must be an SBS

- there is no adverse information known to Immigration about the business or a person associated with the busiess

- the business must nominate an occupation on MLTSSL (medium and long term strategic skills list) or STSOL (short term skilled occupation list)

- for Regional Australia - ROL (regional occupation list) is available. ROL is part of MLTSSL

- the tasks of the nominated position will include a significant majority of the tasks specified for the occupation in ANZSCO

- the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in ANZSCO

- the occupation is a position in the nominating business or its associated entity (overseas business sponsor is restricted to positions in the nominating business)

- the nominee will be employed under a written employment contract unless exempted

- the business must certify the employment contract will be compliant with all applicable requirements imposed by Commonwealth, State or Territory law relating to employment including, if applicable, the National Employment Standards (within the meaning of the Fair Work Act 2009)

- the position must be genuine and a full time position (part-time exceptionally)

- the position must have been advertised (LMT) - a suitably qualified and experienced Australian worker is not available to fill the nominated position (unless an exemption applies)

- the business must certify whether or not there has been a contravention of subsection 245AR(1) of the Act

- the nominee's annual earnings will be at least $250,000 pa or not less than the annual market salary rate for the nominated occupation AND

- the annual market salary rate, excluding any non-monetary benefits, for the nominated occupation is not less than $53,900 pa AND

- the employment conditions (other than in relation to earnings) that will apply to the nominee are less favourable than those that apply, or would apply, to an Australian citizen or an Australian permanent resident performing equivalent work at the same location

Application Fee: $330

From 12 August 2018: Skilling Australians Fund (SAF) - Employers nominating overseas workers have to contribute to the training of Australians through the SAF levy. The SAF levy provides a tangible demonstration of the way in which the TSS visa supports training opportunities for Australians. Employers have to contribute to SAF at the time they lodge their nomination application. The levy is payable in full at the time the worker is nominated, and depends on the size of the business:

Business turnover	SAF contribution for TSS visa
annual turnover less than $10 million	$1200 per year or part thereof
other businesses	$1800 per year or part thereof

More information about Skilling Australian Fund: https://www.education.gov.au/skilling-australians-fund

- an applicant with an occupation:

• on MLTSSL or ROL needs to meet requirements in the Medium-term stream
• on STSOL needs to meet requirements in the Short-term stream

- an applicant in Australia must hold a substantive visa or a bridging visa A, B or C

- some applicants need a skills assessment for the nominated occupation (unless exempted)

- the applicant has worked in the nominated occupation or a related field for at least 2 years

- only one onshore renewal is possible for applications in the short-term stream (unless exempted)

- applicants in the short-term stream must be genuine applicants for entry and stay as a short term visa holder

- an applicant must have been nominated for this visa

- If the applicant is in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

- the applicant must have relevant skills

- the applicant's intention to work in the nominated occupation is genuine and the position associated with the nominated occupation is genuine

- if the applicant is a medical practitioner, the applicant’s qualifications are recognised by the relevant authority in Australia for the registration of medical practitioners as entitling the applicant to practise as a medical practitioner

- the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act

- there is no adverse information known to Immigration about the business or a person associated with the busiess

- the applicant has adequate arrangements for health insurance

- the applicant must meet general health and character requirements

- English requirements (unless exempted):

English test	Short-term stream - minimum score	Medium-stream - minimum score
IELTS	(a) an overall band score of at least 5.0; and (b) a score of at least 4.5 for each test component of the IELTS.	(a) an overall band score of at least 5.0; and (b) a score of at least 5.0 for each test component of the IELTS.
OET	a score of at least B for each test component of the OET	a score of at least B for each test component of the OET.
TOEFL	(a) an overall band score of at least 35; and (b) for the listening and reading test components of the TOEFL—a score of at least 3; and (c) for the speaking and writing test components of the TOEFL—a score of at least 12	(a) an overall band score of at least 35; and (b) for the listening and reading test components of the TOEFL—a score of at least 4; and (c) for the speaking and writing test components of the TOEFL—a score of at least 14.
PTE	(a) an overall band score of at least 36; and (b) a score of at least 30 for each test component of the PTE.	(a) an overall band score of at least 36; and (b) a score of at least 36 for each test component of the PTE
CAE	(a) an overall band score of at least 154; and (b) a score of at least 147 for each test component of the CAE.	(a) an overall band score of at least 154; and (b) a score of at least 154 for each test component of the CAE.

Application Fees:

Medium-term stream: $2,690

Short-term stream: $1,290

STAC (subsequent temporary application charge $700) may apply

Visa period:

- up to 2 years for a visa granted in the short-stream unless international trade obligations apply

- up to 4 years for a visa granted in the medium-stream

- there is a pathway to PR for 482 visa holders granted in the medium-term stream after having worked for a total period of at least 3 years (not including any periods of unpaid leave)  on a full-time basis, with the employment being undertaken in Australia (the nominated occupation must be on MLTSSL or ROL if in regional Australia) OR

- the applicant must be subject to transitional arrangements:

Client Cohort	Transition (TRT) to PR requirements
If a person held a subclass 457 visa on 18 April 2017 and continues to hold this visa or a 457 visa/TSS visa/related bridging visa at time of PR TRT nomination application  or, if a person lodged a subclass 457 visa application on or before 18 April 2017 which was subsequently granted and continues to hold this visa or a 457 visa/TSS visa/related bridging visa at time of TRT nomination application.	New requirements apply subject to the transitional provisions outlined below: occupation list requirements will not apply the age requirement will remain at less than 50 years of age with existing age exemptions still available, and the minimum period an applicant is required to have been employed as the holder of a subclass 457 or TSS visa will remain at two years.
All other applicants	New requirements apply (for example, new age requirements, occupation list requirements and three year transitional period on a temporary visa).

More detailed information about this will be published in the section 186/187 visa.

 

All information valid as at 22/11/2021. OZ HOME MIGRATION does not guarantee all information is correct and professional advice should be sought in relation to the above information.