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:
There are 3 processing stages in sponsoring an employee from overseas under the Subclass 482 visa program:
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”.
At the nomination stage, your organisation will need to meet the following key requirements:
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.
At the visa application stage, your organisation’s proposed employee will be assessed to ensure that they have:
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:
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.
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.
You can be confident in your decision to get assistance from Parish Patience as an immigration lawyer. Our team of experts will provide you with the best service and advice possible for all visa needs, so don’t hesitate any longer!
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