The Subclass 482 Temporary Skill Shortage (TSS) visa is a crucial component of Australia’s immigration program, designed to address skill shortages in the labor market. This visa allows Australian employers to sponsor skilled workers from overseas to fill positions that cannot be filled by Australian workers. Here’s a comprehensive guide to understanding the Subclass 482 visa, its streams, requirements, benefits, and the application process.
Table of Contents
Overview of the Subclass 482 TSS Visa
The Subclass 482 visa was introduced in March 2018, replacing the former Subclass 457 visa. It aims to fill critical skill gaps in the Australian workforce and ensure that businesses have access to the skilled labor they need to grow and compete globally.
The TSS visa allows the holder to live, work full time for his employer for the duration of the visa. This visa also allows you to travel to and from Australia for the duration of your visa. The TSS visa requires a job offer sponsored by an Australian employer and qualifications corresponding to the position.
Streams of the Subclass 482 Visa
There are three streams available under the TSS visa program:
Short-term stream (2 years)
- Duration: Up to 2 years (or up to 4 years if an International Trade Obligation applies).
- Eligibility: Occupations listed on the Short-Term Skilled Occupation List (STSOL).
- Pathway to Permanent Residency: Not eligible for direct transition to permanent residency.
- Cost: from AUD 1,495 (July 2024) for the main applicant and for each dependant 18 years and over.
Requirements
An overall band score of at least 5.0 with a score of at least 4.5 in each of the test components of the IELTS exam (or equivalent language test) must be achieved. NB: You are exempt from needing to prove English language proficiency if you are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom, the United States of America.
The applicant will also have to prove that they intend to settle only temporarily in Australia (known as a ‘Genuine Temporary Entrant’ (GTE)). This visa is renewable onshore once, for a further two years.
Your visa will come with conditions attached to it. Conditions attached to this visa include that you work in Australia only in the occupation you were nominated for and only for your nominating business or in some circumstances, an associated entity of the business.
Medium-term stream (4 years)
- Duration: Up to 4 years.
- Eligibility: Occupations listed on the Medium and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL).
- Pathway to Permanent Residency: Eligible for permanent residency through the Subclass 186 Employer Nomination Scheme (ENS) or Subclass 187 Regional Sponsored Migration Scheme (RSMS) after three years.
- Cost: from AUD 3,115 (July 2024) for the main applicant and for each dependant 18 years and over.
Requirements
An overall band score of at least 5.0 with a score of at least 5 in each of the test components of the IELTS exam (or equivalent language test) must be achieved. NB: You are exempt from needing to prove English language proficiency if you are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom, the United States of America.
Conditions are attached to this visa. You must work in Australia only in the occupation you were nominated for and only for your nominating business or in some circumstances, an associated entity of the business.
Labour Agreement stream
- Duration: Up to 4 years.
- Eligibility: For workers nominated by employers with a Labour Agreement. These agreements are made between the Australian Government and employers to fill positions with specialized skill requirements.
- Pathway to Permanent Residency: Possible, depending on the terms of the Labour Agreement.
Cost: From AUD3,115.00.
Only used for exceptional cases. Here overseas skilled workers are employed through an agreement between the Australian government and the employer. Labour agreements are developed between the Australian Government (represented by the Department) and employers.
You must have English language skills suitable to perform your nominated occupation. English requirements may be specified in the Labour agreement between your employer and the Commonwealth
Requirements to apply for a TSS
The following criteria must be met in order to be able to apply for TSS (2 years or 4 years).
- Two lists of occupations qualify you to apply for either the Short or medium Term TSS visa.
- You must have the skills to fill a position nominated by an approved business for an approved occupation.
- The applicant must also be able to demonstrate a professional experience of at least 2 years in the nominated occupation or a related field.
- You must meet the English language requirements (unless exempted)
- You will also have to provide a clean criminal record
- You must meet our character requirement
- There is no age requirement for this visa.
The Australian employer will first have to look for a candidate in the local labor market. He will then have to prove that he cannot source an appropriately skilled Australian. This is the Labor Market Testing.
The employer must also offer a salary at the Australian market rate of pay. The minimum imposed by the TSS program is currently AUD 73 150 + Superannuation (as at July 2024).
The steps of the TSS visa application
Just like sponsorship before, there are three steps in applying for a TSS visa.
- First, the company that wants to sponsor the person must be approved as Standard Business Sponsorship. To be an approved sponsor, the company must prove a legal and active activity in Australia.
- The company will then need to lodge a nomination application for the foreign worker they wish to hire. Here the employer will have to show that he intended to source an employee on the Australian market without success. The company must also demonstrate that the salary offered to the worker is equal to or greater than that of the current market (set at $70 000 + superannuation).
- Finally, the nominated employee should apply for the TSS visa.
The steps above must be completed in order. However, you do not have to wait for each application to be approved to move onto the next step.
Source: www.homeaffairs.gov.au
Benefits of the Subclass 482 Visa
Work Rights: Visa holders can work full-time for their sponsoring employer in Australia for the duration of the visa.
Family Inclusion: Family members, including spouses and dependent children, can be included in the visa application. They can live, work, and study in Australia.
Travel: Visa holders can travel in and out of Australia as many times as they wish during the validity of the visa.
Pathway to Permanent Residency: For those on the Medium-Term and Labour Agreement streams, there is a pathway to permanent residency after three years of continuous employment with the sponsoring employer.
FAQs TSS Visa
The main requirements to obtain a TSS visa include a sponsored job offer from an Australian employer, skills and qualifications matching the position, proof of English language proficiency, skills assessment in some cases, and meeting health and character criteria.
You can search for a sponsoring employer for the TSS visa by browsing job websites, using specialized recruitment agencies, networking with professionals in Australia, or leveraging professional social networks. Employers must be approved by the Australian government to sponsor foreign workers.
The validity period of the TSS visa varies depending on the visa category. The Short-Term stream (STSOL) visa can be issued for a maximum period of two years, while the Medium-Term stream (MLTSSL) visa can be issued for up to four years. Extensions may be possible under certain conditions.
Yes, it is possible to change employers while holding a TSS visa, but it requires submitting a new TSS visa application with a new job offer sponsored by a different approved employer.
Yes, TSS visa holders may be eligible to bring their family members to Australia as dependents, subject to certain conditions.
In conclusion
The Subclass 482 Temporary Skill Shortage visa plays a vital role in supporting the Australian economy by filling skill gaps in various industries. It provides a valuable opportunity for skilled workers from around the world to live and work in Australia, while also offering a potential pathway to permanent residency. By understanding the requirements, streams, and application process, both employers and applicants can navigate the TSS visa program effectively, ensuring a successful and beneficial outcome for all parties involved.
