Subclass 482 TSS – Temporary Skills Shortage Visa – Medium term and Short term streams

The Temporary Skill Shortage (TSS) visa allows employers to sponsor overseas workers to live and work in Australia on a temporary basis. This visa is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market. It is valid for a maximum of either two or four years, depending upon the nature of the skilled position.

The minimum requirements for the Medium-term and Short-term streams of this visa are as follows:

NOTE: Different criteria apply to the Labour Agreement stream of this visa, which requires your employer to have entered into an agreement with the Department of Home Affairs. Please contact us for further details.

TEMPORARY SKILL SHORTAGE VISA REQUIREMENTS

Employer

The business seeking to employ you must:

·      be actively and lawfully operating in Australia

·       have undertaken ‘Labour Market Testing’ (LMT) i.e. attempted to recruit a suitably skilled and qualified Australian to work in the nominated position. The business must provide evidence that it has advertised the position within the last 12 months (for applications lodged after 18 March and prior to 18 June 2018).

NOTES: Evidence provided in support of LMT must meet strict criteria regarding the location, type and content of advertisement. Employers are not required to undertake LMT if an International Trade Obligation applies. Please contact us for further details.

For applications lodged on or after 18 June 2018, the position must have been advertised within the last 6 months.

Overseas Employers: If the business seeking to employ you is located overseas (not in Australia), it must be actively and lawfully operating, and be bringing you to Australia either to establish a business operation, or to fulfil contractual obligations. It is also required to undertake LMT.

NOTE: Certain sponsors may be able to apply for accredited status, which enables them to receive priority processing for all TSS nomination and visa applications. Please contact us to check if your sponsor may be eligible for accreditation.

 

Nominated Position

The position to be filled must:

·      be a genuine, full-time position

·      be in the sponsor’s business (or that of an associated entity), and be subject to a written contract of employment (unless exempt from this requirement)

NOTE: If the sponsor is located overseas, the position must be located in the sponsor’s business

·      have a salary that is:

o   at least $53,900 per year (excluding any non-monetary benefits) AND

o   at least the annual market salary rate (AMSR) for your nominated occupation

NOTES: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $53,900 per year.

The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.

You will be exempt from the AMSR requirement if your salary is more than $250,000 per year.

·       be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location

ADDITIONAL REQUIREMENTS: MEDIUM-TERM STREAM

To qualify for the Medium-term stream of this visa, the nominated position must also be:

·       on the current Medium and Long-term Strategic Skills List (MLTSSL) OR

·       on the Regional Occupation List (ROL) AND located in a regional area of Australia

NOTE: Certain occupations on these lists will be subject to additional requirements (e.g. work experience, location, type of business operated by sponsor, nature of position). Please contact us for further details based on your particular circumstances.

The Medium-term stream allows for a maximum four-year term of employment.

ADDITIONAL REQUIREMENTS: SHORT-TERM STREAM

To qualify for the Short-term stream of this visa, the nominated position must also be on the Short-term Skilled Occupation List (STSOL).

NOTE: Certain occupations on this list will be subject to additional requirements (e.g. work experience, location, type of business operated by sponsor, nature of position). Please contact us for further details based on your particular circumstances.

The Short-term stream allows for a maximum two-year term of employment, unless an International Trade Obligation (ITO) applies.

IMPORTANT: If you have held more than one subclass 482 TSS visa in the Short-term stream, you will NOT be eligible to apply for another visa in this stream whilst you are in Australia, unless an ITO applies.

 

 

Visa Applicant

As the visa applicant, you must:

·      have skills (qualifications and/or work experience) that match those required for the nominated position

NOTE: Certain applicants will be required to undergo a formal skills assessment, which must be commenced prior to lodging the visa application. Please contact us for further details based on your particular circumstances.

·      have at least two years of full-time experience (or the part-time equivalent) in your nominated occupation (or a related field)

·      genuinely intend to work in the nominated position

·      meet any mandatory licensing, registration or professional membership requirements

·      have made adequate arrangements for health insurance during your stay in Australia, and meet the relevant health and character criteria

 

ADDITIONAL REQUIREMENTS: MEDIUM-TERM STREAM

To qualify for the Medium-term stream of this visa, you must also:

·       have the required level of English proficiency i.e.

o   hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR

o   an IELTS test score of at least 5 in EACH test component OR

o   an OET test score of at least B in EACH test component OR

o   a TOEFL iBT overall test score of at least 35 (with a minimum of 4 for listening, 4 for reading, 14 for writing and 14 for speaking)OR

o   a PTE test score of at least 36 in EACH test component OR

o   a CAE test score of at least 154 in EACH test component

NOTES: In each case, the test must have been undertaken within the last three years.

You are exempt from this requirement if you have completed at least five years of full-time study in a secondary or higher education institution where all instruction was conducted in English. Other exemptions also apply to a limited set of applicants – please contact us for further details.

ADDITIONAL REQUIREMENTS: SHORT-TERM STREAM

To qualify for the Short-term stream of this visa, you must also:

·       genuinely intend to stay in Australia on a temporary basis only

·       have the required level of English proficiency i.e.

o   hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR

o   an IELTS overall test score of at least 5.0 (with a minimum of 4.5 in EACH test component) OR

o   an OET test score of at least B in EACH test component OR

o   a TOEFL iBT overall test score of at least 35 (with a minimum of 3 for listening, 3 for reading, 12 for writing and 12 for speaking) OR

o   a PTE overall test score of at least 36(with a minimum of 30 in EACH component) OR

o   a CAE test score of at least 154 (with a minimum of 147 in EACH test component)

NOTES: Refer to ‘Notes’ section for the Medium-term Stream above.


APPLICATION PROCESS

Stage 1: Sponsorship Application

The application for standard business sponsorship is lodged with the Department of Home Affairs on behalf of your employer. The main criterion is that your employer’s business is actively and lawfully operating in Australia or overseas. An approved sponsorship is valid for five years. During this time, the business can nominate overseas workers for subclass 482 TSS visas.

SPONSORSHIP OBLIGATIONS

Businesses who are approved to sponsor overseas workers for TSS visas MUST comply with certain obligations imposed by the Department of Home Affairs. These obligations are designed to protect overseas workers from exploitation, and to ensure that the visa program is used correctly.

In particular, please note that after being approved as a sponsor, an employer must not attempt to recover any of the costs associated with applying for sponsorship or nominations (including migration agent costs), or any costs directly associated with recruiting overseas workers for nominated positions. Businesses may however be able to recover GST and/or claim a tax deduction for payment of fees and costs associated with applying for sponsorship, and we recommend that independent tax advice is sought in this regard if relevant.

In addition, an approved sponsor must meet the required benchmarks for training its Australian employees. This means that in each 12-month period starting on the day that its sponsorship is approved (and during which the sponsor employs a subclass 457 or 482 visa holder), the sponsor must EITHER spend the equivalent of at least 1% of its payroll on training its Australian employees OR contribute the equivalent of at least 2% of its payroll to an acceptable industry training fund.

Please contact our office for further information, including a full list of sponsorship obligations.

Stage 2: Nomination Application

The nomination application is lodged with the Department of Home Affairs on behalf of your employer, either at the same time as the sponsorship application, or during the sponsorship validity period. The main criterion is that the nomination meets the requirements listed above, including the additional criteria for the nominated stream.

Stage 3: Visa Application

Your visa application is lodged with the Department of Home Affairs either at the same time as the nomination application, or before the nomination expires (generally within 12 months of approval). The main criterion is that you fulfil the requirements listed above.

You may generally be in or outside Australia when applying for this visa. However, you cannot apply in Australia for another visa in the Short-term stream if you have held more than one subclass 482 TSS visa in that stream. You may also be ineligible to apply in Australia if you do not hold the required type of visa, or have previously been refused a visa (or had your visa cancelled).

Once the Department of Home Affairs has approved all three applications, you will be granted a subclass 482 TSS visa. The term of your visa will depend upon your visa stream, along with your employer’s requirements. If your visa is in the Medium-term stream, it will be valid for up to four years. If your visa is in the Short-term stream, it will be valid for up to two years.

PLEASE NOTE: We estimate that it may take several weeks to prepare and lodge your application, with the time taken largely dependent on how promptly you (and your sponsor, if applicable) provide us with the necessary supporting information and documents.

The time that it takes the Department of Home Affairs to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities. Please contact us for current information regarding likely processing timeframes for this type of application.

IMMICON can assist you with either the complete preparation, lodgement and management of the complete visa process or if you are opting to do it yourself, IMMICON can assist you in the preparation of the main documents.

Open our Document Price Schedule

Sign Up to Newsletter