Temporary Skill Shortage Visa | TSS subclass 482
The Temporary Skill Shortage Visa (TSS 482) is a Temporary Work Visa that allows skilled worker to stay in Australia and work for their Business Sponsor for a period up to:
- For occupations on the short term list STSOL up to two years, after the visa is granted. It may be extended only for another two years when you are on-shore.
- If your occupation is listed on the MLTSSL List (Medium and long term Strategic Skilled List) a maximum of four years, after the visa is granted,
You can be either on-shore or off-shore when the TSS visa is lodged.
The TSS or Temporary Skill Shortage Visa (TSS 482) replaced the 457 visa on the 18th March 2018. It’s basically the same visa but with some stricter requirements.
One of the major changes are that occupations on the STSOL cannot apply for permanent residency. And if your occupation is on the MLTSSL list, you can apply for permanent residency after 3 years.
TEMPORARY WORK (SKILLED) VISA STREAMS
To be eligible for a TSS 482 visa you must be qualified and have at least 2 years full time work experience in your occupation.
The TSS or 482 Visa has three streams:
Short Term Stream: You are eligible for this stream if your occupation is found on the STSOL (Short Term List). The visa is initially granted for 2 years with the option to renew for another two years while you are in Australia. No pathway to permanent residency is available.
Medium Term Stream: If your occupation is on the Medium and Long Term Strategic Skills List (MLTSSL) your visa will be granted for four (4) years. This visa gives you an option to apply for permanent residency once you have completed 3 years working in the same occupation for the same employer.
Labour Agreement stream: For companies that would like to hire specific occupations that are not normally on the lists. We are experts with labour agreements, contact us for further information.
HOW DO I APPLY FOR A TSS VISA?
There are three steps to the application process.
1 – Standard business sponsorship for Employers
In order for a business to employ overseas workers on a TSS (482) visa the business first must become a Standard Business Sponsor (SBS). This means that the business has to provide evidence of legally operating in Australia, such as correct ABN, supplying financials, registering the business name, supplying Business Activity Statements (BAS) and financial statements and company documents, as well as showing a as well as showing a commitment to training Australian citizens and permanent residents and compliance with workplace and other Australian laws.
2 – Nomination
Following the SBS application, an employer must nominate a position within their business as one which must be filled by an overseas citizen. As part of this step, there are various requirements to be met:
Once the SBS is approved, the business may start nominating a position the business wants to fill by an overseas worker. As part of this step, there are various requirements to be met:
Labour Market Testing
The Australian government is committed to provide employment opportunities to Australian citizens first, therefore as a business sponsor you are required to test the local market to find a suitable Australian citizen or permanent resident to fill the vacancy. In most circumstances the business must place two advertisements within the last 6 months for a minimum period of 21 days, however there are cases where this will not be sufficient and further evidence is required. Also there are exemptions to the Labour Market Testing requirements which can be very complicated. Employers and prospective sponsors are encouraged to seek professional migration advice to ensure the Labour Market Testing requirements are met.
Market Salary Level
Market Salary is what an employee should be paid according to their occupation, education and work experience. For a nomination to be approved, the base salary must be at least equal or above to the TSMIT (Temporary Skilled Migration Income Threshold) – currently $53,900.
If the market rate for the occupation is less than the TSMIT, then the nomination will not be approved even if the salary offered is higher than the TSMIT. This is intended to stop employers artificially “inflating” salaries for positions requiring a lower level of skill. For employees to be paid above $250,000, no evidence is required to establish that the employee is being paid at the market rate.
Note: Some occupations will be subject to caveats that set a minimum remuneration level that is above TSMIT.
The training levy or the Skilling Australians Fund (SAF) is replacing the current training benchmarks A & B. Unlike the training benchmark the Skilling Australians Fund will be paid upfront at nomination stage. Nominating employees has become more expensive therefore do not risk a refusal. Speak to us and we will guide you through the requirements for the training levy.
The amounts payable per applicant are set out as follows:
- The charge will be calculated according to the number of years for which the visa is required, as set out in the nomination, and will be payable in full at this time.
- A small business (Turnover less than $10M) will pay $1,200 per nomination per year for a TSS visa. A large business will pay $1,800 per nominee per year.
- When applying for a four year visa, this will require the four annual payments to be made at the time of application. (For example, if a large business nominates an employee for a four year TSS visa, this business is liable to pay $7,200 when the nomination is made.)
The third stage of the TSS visa process is the 482 visa application. This is where we collect all of the employee’s personal documents and it is when the nominated employee must demonstrate their skill level for the nominated occupation, as well as English, Health and Character requirements
The processing time from date of lodgement of the nomination and visa application could take anywhere from 14 days to 3 months, depending on the complexity of the application.
Our expert Registered Migration Agents can help you navigate the whole process from start to finish. Hiring overseas workers can be more expensive than hiring locally. The best and most cost effective and time efficient approach would be to hire an experienced migration agent and mitigate any risks of refusal. Take our free assessment or Contact us today: firstname.lastname@example.org
FREE VISA ASSESSMENT
We can determine your eligibility a visa. Please complete our online assessment form and we will provide information on the steps, fees and process. One of our registered migration agents will contact your within 24 hours.