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TEMPORARY SKILL SHORTAGE (SUBCLASS 482) vISA
The TSS visa was introduced on the 18th March 2018 (replacing the old 457 visa) and is designed to enable businesses to address domestic labour market skills shortages by employing overseas skilled workers.
There are three streams available under the 482 visa program :
Short-term stream – this stream is for employers to source temporary overseas skilled workers to fill short-term positions in a range of occupations for a maximum of two years (or four years if an International Trade Obligation applies)
Medium-term stream – this stream is for employers to source highly skilled overseas workers to fill medium-term positions for up to four years, with eligibility to apply for permanent residence after three years
Labour Agreement stream – this stream is used where an employer has secured a labour agreement with the Commonwealth
Which businesses can use the 482 visa program?
Employers that are legally established and lawfully operating a business inside or outside of Australia can apply to become approved standard business sponsors. Overseas employers can use the program if they want to establish a business operation or fulfil a contractual obligation in Australia. As a result of the TSS visa program standard business sponsorship approvals are now granted for a period of five years, including to start-up businesses.
The program involves a three step process:
Standard business sponsorship application
Nomination application
482 visa application
How do I nominate a position for a 482 visa?
The business requires to identify a position to be filled by an overseas skilled worker. The nominated occupation must be one listed in the subclass 482 Short Term or Medium to Long Term Skilled Occupation List.
To lodge a valid nomination the employer must have already lodged a sponsorship application, had a previous sponsorship approved or applied for a sponsorship at the same time as the nomination application.
How is the salary of a 482 employee determined?
The lowest acceptable salary under the 482 visa program is currently $53,900 p/a. Employers must also make a minimum contribution to a superannuation fund of the employees choice, currently 9.5% of the employees annual salary.
Employers must pay 482 visa employees the 'annual market salary rate' equivalent to the rate paid to an Australian employee performing an equivalent role.
If there is no Australian employee performing an equivalent role then the market rate should be determined by reference to relevant Fair Work or State Industrial Instruments. If these are not applicable, the rate can be determined by reference to remuneration surveys or job advertisements.
What is Labour Market Testing?
Labour Market Testing is now mandatory for all occupations (unless it is inconsistent with Australia's International Trade Obligations) and requires sponsors to test the local labour market within a 6 month period prior to lodging a nomination application.
Two job adverts in national recruitment websites or print media should run for at least 28 days. Sponsors should provide copies of the adverts and provide information with the nomination application about attempts to recruit Australian workers.
Who can apply for a subclass 482 visa?
Applications can be made by individuals nominated by a sponsor for an occupation on the 482 list of eligible occupations. Applicants require to the skill threshold for the nominated occupation and importantly, all applicants must now have a minimum of two years of relevant work experience. Certain occupations on the list of eligible occupations also have caveats attached to them.
A 482 visa holder can bring eligible dependents with them to Australia and dependent family members are able to make a combined application. Partners accompanying the visa holder have unrestricted work rights.
Are there any English language requirements?
482 visa applicants are required to demonstrate a level of English language proficiency unless they are 'exempt'. 'Exempt' applicants include:
Nationals of the UK, USA, Canada, Republic of Ireland or New Zealand
Applicants who have completed at least 5 years of full-time study in a secondary and/or higher education institution where the instruction was in English
Intra-company transfer applicants that are to be paid a salary in excess of $96,400
For the short-term stream, English language proficiency is normally established by the applicants lodging an IELTS test result with an overall test score of at least 5 with a score of at least 4.5 in each of the four test components.
For the long-term stream, English language proficiency is normally established by the applicants lodging an IELTS test result with an overall test score of at least 5 with a score of at least 5 in each of the four test components.
Are there any health and character requirements?
A 482 visa applicant and dependent family members must be able to meet health requirements for the grant of the visa.
The Department of Immigration and Border Protection may request applicants to undergo a health examination depending on the applicants country of origin or residence, the intended period of stay or intended activities.
To be granted a 482 visa, applicants must be of good character and the Department of Immigration now requires police certificates for each country that an applicant has lived in for 12 months or more in the ten year period prior to lodging the application, to be lodged with a 482 visa application.
How long is a 482 visa granted for?
In the short-term stream, 482 visas can be granted for a period of two years (unless ITO's apply) and may be renewed onshore once, for a further period of two years.
In the medium-term stream, 482 visas can be granted for a period of up to four years.
Find out about other Temporary Work visas
For information and guidance on other Australian temporary work visas, click on our visa guides below.