In March 2018, The 457 Visa Was Replaced By The Subclass 482 Temporary Skill Shortage (TSS) Visa.
This visa enables employers to address labour shortages by bringing in skilled workers where employers can’t source an appropriately skilled Australian worker. The business must be a Standard Business Sponsor (SBS) or an Overseas Business Sponsor (OBS) to sponsor you under the TSS visa. It facilitates employment of foreign workers to address temporary skill shortages, while ensuring that Australian workers get priority. TSS visa holders can work in Australia in their nominated occupation and may have a pathway to permanent residency.
482 Visa Streams
The TSS visa is a temporary visa which permits the holder to live in Australia, while working full- time for the sponsoring employer, in a nominated occupation which is listed on the Short Skilled List or Medium Long Term Skilled List
TSS Visa Requirements
You are required to have a job offer, two years of relevant work experience, in the past five years, and be able to meet other criteria associated with this subclass, such as qualifications, English, health and character requirements.
There is no age limit for a TSS visa however, there is for Permanent Residency. If you are granted a visa in an MLTSSL occupation and intend to apply for permanent residency after three years of working for the same sponsor, you will need to be under 45 at the time of lodging your permanent residency application
Three Streams Applicable To The TSS Are:
Short-Term Stream
This stream is available when your employer wants to sponsor you (as a foreign skilled worker) on a temporary basis in the businesses listed on the short-term efficient business listing (STSOL) for the TSS visa. It can be used to fill maximum posts:
- Two years or
- Four years if international trade obligation (ITO) is applicable.
Medium-Term Stream
This stream is available if your employer wants to sponsor you (as a foreign skilled worker) for a period of four years in the businesses listed on the Medium and Long Term Strategic Skills List (MLTSSL) or Regional Business List (ROL) for a TSS.
Labour Agreement Stream
This stream is available when your employer wants to sponsor you (as a foreign worker) and has entered into the labour agreement with the department.
What Are The Eligibility Requirements To Apply For A Temporary Skill Shortage Visa (Subclass 482)?
Eligibility Criteria For The Applicant
To be eligible for this visa under any stream, you must meet certain criteria, which are as below:
- There is at least 2-year work experience in selected occupation
- Organize an approved sponsor’s nomination
- Has completed any skill assessment / qualification requirements
- Keep a valid English language proficiency evidence to meet the minimum language criteria.
- If you are in Australia at the time of filing an application, then you should have a valid functional visa, which is a Subclass 010 (Bridging A) visa, a Subclass 020 (Bridging B) visa or Subclass 030 (Bridging C ) visa.
- Meet any other requirements or conditions that apply to your visa application.
- Complete the conditions for health and character
- Complete the specific needs of the individual stream
- For the short-term stream, you must meet the actual temporary accessory (GTE) requirement.
Eligibility Criteria For The Nominating Employers
If you are an employer, to be able to sponsor any skilled applicant to fill any skilful position, you will have to:
- Legally operational & Registered business in Australia
- Is an approved Standard Business Sponsor
- Payment of sponsorship fee is AUD 420
- Sponsorship will be valid for a period of five years from the date of its approval.
- You can nominate your employee for an eligible occupation in the list of eligible skilled occupation i.e. the MLTSSL or STSOL and you must:
- Submit a valid employment contract
- Pay the salary equal to or above of the temporary skilled migration income threshold (TSMIT) for the related business
- Specify the position and duration of the job in nomination
- Provide proof of Labour market testing (as and where necessary)
- Pay AUD330 fees for nomination application
- Pay Skilling Australians Fund levy is payable – the amount depends on the size of the business and the proposed period stay of the employee. The levy payments are tax deductible.
Skilling Australians Fund Levy
The levy is payable in full when you submit a nomination application.
The online form will calculate the amount you must pay, which depends on the:
- size of the sponsoring business and
- proposed period of stay of the overseas worker in Australia.
| Business size | TSS visa | ENS / RSMS visas |
|---|---|---|
| Small (annual turnover less than $10 million) |
AUD1200 per year or part thereof AUD3000 one-off | AUD3000 one-off |
| Other business (annual turnover of $10 million or more) |
AUD1800 per year or part thereof AUD5000 one-off | AUD5000 one-off |
Example: a business with an annual turnover of more than AUD10 million per year that wishes to nominate a TSS worker for a period of 4 years would be liable to pay a levy of AUD7,200 (4 years x AUD1,800).
Levy payments are tax deductible.
Sponsors who are party to a labour agreement must pay the levy.
Only ministers of religion and religious assistants nominated under the Labour Agreement streams of the TSS or ENS visas are exempt.
English Language Requirements
English language requirement for short-term stream is of 5 Bands or equivalent overall with no less than 4.5 in each module and the medium-term stream has 5 band or equivalent overall with no less than 5.0 in each module
Health And Character Requirements
You along with your family members included in your application must
- Complete the requirement of Health by providing valid medical certificate within 12 months of the application lodgment.
- Satisfy the character requirement by depositing police clearance certificates
What Are The General Requirements For Employers To Apply For A Temporary Skill Shortagevisa (Subclass 482)?
Employers who sponsor foreign nationals to work in Australia on the TSS visa are required to:
- Be a lawfully operating business
- Have no adverse information against the business
- Nominate a job position for the foreign national worker that is full-time and genuine
- Satisfy salary and employment condition related requirements
- Provide evidence of Labour Market Testing if required
What Can You Do?
This visa allows you to travel from Australia for the duration of your visa and:
- If you are the primary visa holder to work in Australia for the approved sponsor in the primary designated business
- If you are a family member to work and study in Australia
This visa allows you to travel from Australia for the duration of your visa and:
- If you are the primary visa holder to work in Australia for the approved sponsor in the primary designated business
- If you are a family member to work and study in Australia