The Temporary Skills Shortage (TSS) Subclass 482 Visa
The Temporary Skills Shortage Visa (which replaced the Subclass 457 Visa in 2018), allows you to live and work temporarily in Australia. If your occupation is on the “right” occupation list, you can also progress to Permanent Residence after holding the TSS Visa for 3 years (or two years if you held a Subclass 457 Visa on a prescribed date)
There are two occupation lists relevant to the TSS Visa
There are two occupation lists relevant to the Subclass 482 visa, and your potential progression to Permanent Residence depends upon which list your occupation is on.
There is the so-called Medium Term Occupation list (we call it the good list) and the Short Term list (which we call the sh#t list). You will find out why below.
If your occupation is on the Medium and Long-term Strategic Skills List (MLTSSL), when you apply for the Subclass 482 TSS visa, your visa will be granted for up to four years. You will also be able to transition to an Employer Nominated Permanent Residence visa (Subclass 186 TRT) after three years with your nominating employer.
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.
You may be granted further TSS visas if you apply from outside Australia.
If you have an occupation on the Short Term Skilled Occupation List (STSOL) you will be unable to transition to an Employer Nominated, Subclass 186 permanent residence visa, and you will need to consider other options if you want to remain in Australia permanently.
The TSS Visa Application Process involves three separate applications
1. Your employer must be or become an approved Business Sponsor or be a party to a valid 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?
- Your employer’s business must be lawfully trading with a healthy set of financials, which support the business’s ability nominate and pay you.
- The business must have an accepted business structure eg: company, partnership, trust, sole proprietor etc
- There must be no adverse business information known to the Department of Home Affairs (DHA) about the business.adverse information includes:
- not complying with workplace and/or workplace health & safety laws
- underpaying staff
- employing workers in breach of their visa conditions
- breaching their sponsorship obligations.
Q: How does an employer become a party to a Labour Agreement?
A Labour Agreement is a confidential contract that is negotiated with the Department of Home Affairs.
It involves negotiation with many different stakeholders, including unions.
Labour Agreements allow employers to negotiate with the government to nominate workers who have occupations that are not on any of the relevant occupation lists, and the agreement may include concessions with respect to age, language and skills requirements.
Labour Agreements may or may not allow nominated workers to progress to Permanent Residence.
Q: What Are The Requirements For a Valid TSS Nomination?
There are three different streams for the TSS Nomination:
I. The Short Term Stream (results in a two year TSS visa, with no permanent residence options)
The nominated occupation is on the Short Term Skilled Occupations List (STSOL).
II. The Medium Term Stream (results in a four year TSS Visa with permanent residence options)
The nominated occupation is on the Medium and Long Term Strategic Skills List (MLTSSL).
III. The Labour Agreement Stream
The Employer must be a party to a valid Labour Agreement
The nominated occupation must be an occupation contained in the Labour Agreement.
Q: What do I need 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)
- 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!
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