The Temporary Skills Shortage (TSS) Subclass 482 Visa
The Temporary Skills Shortage Visa, allows you to live and work temporarily in Australia.
This visa is intended to help employers who cannot fulfil their need for highly skilled Australian workers from the local job market. Its validity period is up to four years.
There are three TSS Subclass 482 Visa streams
1. The Medium Term Stream
If your occupation is on the Medium and Long-Term Strategic Skills List (MLTSSL), you can progress to Permanent Residence after holding the TSS Visa for 3 years. and working for the same employer (this will change at the end of 2023, when only two years’ employment with the same employer will be required).
2. The Short Term Stream
If your occupation is on the Short Term Skilled Occupation List (STSOL) your visa will be granted for up to 2 years, and you will have one option to renew the visa for a further two years if you remain in Australia. There is currently no pathway to permanent residence for Short Tem Stream Visa holders – however, this will change at the end of 2023, when all TSS Visa holders will be able to progress to permanent residence after two years with the same employer.
3. The Labour Agreement Stream
Labour Agreements can be described as a contractual relationship between the government, and an employer, which allows the employer to sponsor workers who require concessions for e.g.:
- Occupations not on the immigration occupations lists, especially those at a lower skill level,
- English language, and,
An employer with an approved Labour Agreement is able to sponsor workers for Subclass 482 TSS Visas and the requirements for the visa applicants will depend upon the criteria contained in the approved Labour Agreement.
The TSS Visa Application Process involves three separate steps:
1. Your employer must be or become an approved Business Sponsor or be a party to an approved Labour Agreement.
2. Your employer must lodge a nomination application, with you as the nominated employee for a TSS Visa.
3. You must lodge an application for a Subclass 482 TSS visa.
Q: What Are the Requirements to Become An Approved Business Sponsor?
To become an approved Standard Business Sponsor (SBS), a business must:
- Be lawfully operating a business in Australia;
- Attest to having a solid record of, or a demonstrated commitment to, employing local labour, and will declare that they will not engage in discriminatory recruitment practices; and
- Have no adverse information about the organisation’s operation known to the Department of Home Affairs (or it is reasonable to disregard such information).
The following types of entities are eligible to be approved to become standard business sponsors:
- Sole traders;
- Proprietary (PTY) companies;
- Public companies;
- Government departments;
- Statutory authorities;
- Not-for-profit organisations; and
- Educational institutions
Providing that an organisation can prove that it is lawfully operating and can satisfy the financial requirements, there are no restrictions on the size of an organisation to become an approved sponsor.
If approved, the sponsorship will be valid for five years. During that time, the organisation can sponsor multiple expatriate workers for TSS Subclass 482 and Subclass 494 visas.
Q: How does an employer become a party to a Labour Agreement?
A Labour Agreement is a confidential contract that an employer negotiates with the Department of Home Affairs.
It involves negotiation with many different stakeholders, including unions.
Labour Agreements are complex matters and require experienced migration specialists’ input if an application is to be successful.
Q: What criteria do I need to meet to apply for a TSS Visa?
At least two years experience in your nominated occupation – and you must meet the skills requirements for the occupation contained in the Australian and New Zealand Standard Classification of Occupations (ANZSCO), and you may need a skills assessment in your nominated occupation.
- Meet the English requirements, which are an IELTS average of 5 with no score less than 4.5, or an equivalent English test, unless you hold a passport from:
- New Zealand
- United States
- Meet the medical and character requirements.
- Be licensed in your occupation if required by law.
Whether you are a visa applicant, or an employer seeking to employ overseas workers, there are many pitfalls and traps in the Subclass 482 TSS visa system. Talk to us today, and find out how the team at AHWC Immigration Law, can smooth the pathway to the TSS visa.
We have literally assisted thousands of visa applicants, and hundreds of employers!
AHWC Immigration Law is a leading Australian immigration law firm.
Contact us today and book your consultation!