Temporary Skill Shortage (‘TSS’) Subclass 482 Work VisaThis is a temporary work visa enabling an employer to sponsor a skilled overseas worker to fill a position they cannot fill from the local labour market..
Temporary Skill Shortage (‘TSS’) Subclass 482 Work Visa
This is a temporary work visa enabling an employer to sponsor a skilled overseas worker to fill a position they cannot fill from the local labour market.
This visa has three streams:
- Short term stream where applicants are eligible for a maximum of 2 x 2 year visas;
- Medium to long term stream allowing applicants up to 4 year visas each time; and
- Labour Agreement stream for those employers that have negotiated a Labour Agreement with the Australian Government.
The medium to long term stream (and in some cases the Labour Agreement stream) also provide a pathway to Permanent Residency.
Whether the nominated occupation sits on the Short Term Skilled Occupation List (STSOL) or Medium to Long Term Strategic Skills List (MLTSSL) determines whether an individual is in the short term or medium to long term stream.
(Note: Most health professionals, including GP’s are on the MLTSSL. Also note that employers looking to sponsor Doctors, must first obtain a Health Workforce Certificate.)
The subclass 482 visa process
The process to obtain a subclass 482 visa involves 3 stages:
- Sponsorship application by the employer
- Nomination application by the employer
- Visa application by the employee
The business must demonstrate that they:
- Are lawfully established and actively operating
- Have a strong record, or commitment to employing local labour and declare they will not engage in discriminatory recruitment practices
- Have no adverse information known to the immigration department (including persons associated with the business) or it is reasonable to disregard such information
The nominated position must:
- Be an occupation on the list of eligible skilled occupations
- Be a genuine position and generally must be a full time role
- Be under a written contract of employment
- Be under the direct employment of the business sponsor or an associate entity of the business sponsor (some exemptions apply for select positions which includes GP’s and certain other health professionals)
- Ensure the nominee is paid a market rate of pay for the role
- Ensure Labour Market Testing (i.e. advertising the role) is undertaken (some exemptions apply)
Note: The business sponsor must pay a Skilling Australians Fund (SAF) Levy at time of lodgement of the nomination with the rate dependent on the turnover of the business as follows:
- Annual business turnover of less than $10 million – $1,200 per year of the visa
- Annual business turnover of $10 million or more – $1,800 per year of the visa
The visa applicant must:
- Demonstrate they have the required qualifications and / or experience for the nominated role
- Have at least 2 years employment experience in the nominated occupation or a closely related occupation
- Meet licensing / registration requirements (if applicable to the occupation)
- Demonstrate they are a genuine temporary entrant
Meet English language requirements (some exemptions apply)
- Meet health and character criteria