Temporary Skilled Shortage Subclass 482 Visa Process

 Subclass 482 TSS Visa Process

Subclass 482 is a temporary Skill Shortage visa, valid for up to two – four years after it is granted. Visa validity may conform upon the occupation nominated by the employee, if the nominated occupation is listed under Short-term Strategic Skill List (STSSL), the visa applicat can only apply for 2 years maximum and can be renewed only once for another 2 years. however, if the nominated occupation is listed under Medium to Long-Term Strategic Skill List (MLTSSL) the applicant can stay up to 4 years and could be eligible for Permanent Visa Application.

Subclass 482 visa allows you to:

• work in Australia for up to four years defend upon the occupation nominated
• bring your family to work or study in Australia
• travel in and out of Australia as often as you want.

There are 3 processing stages in sponsoring an employee from overseas under the Subclass 482 visa program:

1. Sponsorship Your employer applies for approval as a standard business sponsor.
2. Nomination Your employer nominates an occupation for a prospective or existing subclass 482 visa holder.
3. Visa application You apply to work in your nominated occupation under the subclass 482 visa. This is the final step to obtaining your subclass 457 visa.
4. Sponsorship approval stage

Standard business sponsorship approval requires that your organisation, as an employer, is lawfully operating, does not have an adverse business background, and will be the direct employer of all sponsored employees (unless an exemption applies).

Organisations operating in Australia must also have a strong record of, or commitment to, employing local labour and non-discriminatory employment practices.

Sponsorship approvals are generally valid for five years (one year for start-up Business) and the number of nominations (or positions) available under the sponsorship must be “reasonable”.

2. Nomination application stage

At the nomination stage, your organisation will need to meet the following key requirements:

• The nominated position must relate to an occupation on DHA’s (Department of Home Affairs) Medium and Long-term Strategic Skills List or Short-term Skilled Occupation List. This list is updated regularly by DHA.
• The nominated position must relate to a “genuine” position required to address a skills shortage in Australia. For some positions, the business may also need to provide evidence of “labour market testing” (LMT), by demonstrating attempts to advertise the position locally and recruit Australian citizens/permanent residents for the role. Companies which are transferring senior executives to Australia for the purposes of setting up their operations here may be exempted from having to satisfy this requirement.
• The nominee must be paid at the “market rate” for an Australian performing that role in the same location.

Market rate

The requirement regarding the payment of market rates aims to ensure parity with Australian working conditions and the Fair Work Act 2009 (Cth).

If your organisation has an Australian citizen or permanent resident already performing the same job role in the same location as the nominee, their remuneration will be the benchmark “market rate” and your organisation must pay the nominee at least the same amount.

If there is no equivalent employee in the workplace, then you should refer to any relevant awards, agreements or salary surveys which apply to that position to demonstrate that the proposed salary represents the “market rate”.

The nominee must also be paid above the minimum salary level (the Temporary Skilled Migration Income Threshold) that applies at the time of nomination.

3. Visa application stage

At the visa application stage, your organisation’s proposed employee will be assessed to ensure that they have:

• minimum two years’ work experience
• the appropriate level of English language ability and
• the necessary skills and qualifications to do the job.

Proposed employees and their accompanying family members must also satisfy standard health and character requirements.

English language ability

All 482 visa applicants coming to Australia must demonstrate ‘Vocational English’ (defined as a score of 5 or above on an IELTS test) unless one of the following exemptions applies:

• the applicant has completed at least five consecutive years of full time study in a secondary and/or higher education institution where the language of instruction was English (where English proficiency is not a requirement of registration/licensing in the occupation).

Applicants who hold a passport from New Zealand, United Kingdom, United States of America, Ireland or Canada are presumed to meet the English requirement.

Skills and qualifications

Applicants must demonstrate they have the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.

Most 482 occupations require at least a diploma or a degree qualification, or three to five years of relevant work experience in lieu of formal qualifications. Professional registration or licensing may also be required.

Applicants for particular occupations applying from certain countries may need to undergo a formal skills-assessment.

Visa Conditions

Primary 482 visa holders have a condition placed on their visa permitting them to work only for their sponsoring employer (or for an “associated” entity of the Australian sponsor in certain

circumstances). The term “associated” is defined to have the same meaning given to the term “associated entities” under section 50AAA of the Corporations Act 2001 (Cth).

Primary 482 visa holders must commence work within 90 days after the arrival in Australia. Also, they must depart Australia, be nominated by another sponsor or obtain another visa to remain in Australia within 60 days of ceasing employment with the sponsor.

If it is mandatory to hold a licence, registration or membership in order to perform an occupation in Australia, the primary 482 visa holder must hold that licence, registration or membership.

Primary 482 visa holders cannot undertake secondary work or work for themselves and they cannot change employer or occupation without first obtaining approval from DHA.

All 482 holders are required to make adequate arrangements for health insurance while they are in Australia. Any accompanying family members will have unrestricted work and study rights in Australia.

DHA has the ability to monitor 482 holders’ compliance with the visa conditions through information obtained from the employer, health insurer or other authorities. The legal responsibility for complying with visa conditions and the consequences of failing to do so rests with the employee. Failure to comply with these conditions may result in visa cancellation and other sanctions.