TSS (Temporary Skill Shortage Visa) (482) – Medium & Short Term

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Temporary Skill Shortage Visa (Subclass 482) Visa

As of 18 April 2017, the Government announced that the Temporary Work (Skilled) Visa (Subclass 457 Visa) will be abolished and replaced with the new Temporary Skill Shortage (TSS) Visa in March 2018.

This visa 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 applicant 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.

Just like Subclass 457, The 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:

Sponsorship Your employer applies for approval as a standard business sponsor. This is required to nominate an occupation for a subclass 482 visa.

Nomination Your employer nominates an occupation for a prospective or existing subclass 482 visa holder.

Visa application You apply to work in your nominated occupation under the subclass 482 visa. This is the final step to obtaining your subclass 482 visa.

More information about 482

Subclass 482 Visa Process

This visa 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.

 

Just like Subclass 457, The 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:

 

Sponsorship Your employer applies for approval as a standard business sponsor. This is required to nominate an occupation for a subclass 482 visa.

Nomination Your employer nominates an occupation for a prospective or existing subclass 482 visa holder.

Visa application You apply to work in your nominated occupation under the subclass 482 visa. This is the final step to obtaining your subclass 482 visa.

 

Sponsors

To become a sponsor, you must be able to show that your business:

  • is a lawfully operating business
  • meets training requirements (Australian businesses only)
  • agrees to the number of subclass 482 workers to be nominated
  • has no relevant adverse information against your business.

Australian businesses must also demonstrate their commitment to employing local labour as well as non-discriminatory recruitment practices.

There are two ways you can become an approved sponsor:

  • Option 1: Apply to be a standard business sponsor
  • Option 2: Negotiate a labour agreement.

 

Option 1: Apply to be a standard business sponsor

The standard business sponsorship arrangement is the most common way to sponsor a skilled worker using the subclass 482 visa program. You must lodge an application to become a standard business sponsor.

You can have only one standard business sponsorship approved at any given time (that is, one sponsorship approval per Australian Business Number if your business is in Australia) which is usually valid for three years. You can apply to extend your sponsorship at any time during this three-year period by lodging a variation application.

The requirements for approval as a standard business sponsor differ for businesses that are outside and in Australia.

Business in Australia

You must attest that you have a strong record of, or a demonstrated commitment to employing local labour. You must also declare that you have a strong record of, or demonstrated commitment to non-discriminatory work practices.

Make the attestation and the declaration about your workplace record in your sponsorship application form.

You must also meet training requirements. This means you must either:

  • meet the training benchmarks if you have traded in Australia for 12 months or more
  • have an auditable plan to meet the training benchmarks if you have been trading in Australia for less than 12 months.

 

Business outside Australia

You must be seeking to employ a skilled worker to either:

  • establish, or help establish, a business operation in Australia
  • fulfil obligations for a contract in Australia.

If your business does not yet have an operating base in Australia, you are not required to satisfy the training requirement.


Option 2: Negotiate a labour agreement

A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian Government. You might be able to enter into a labour agreement if you are in one of the following situations:

 

You must be able to provide evidence that:

  • there is a genuine and systemic shortage of skilled workers
  • there are no suitably qualified Australian workers available
  • you have a commitment to training Australians.

 

A labour agreement comes into effect when it has been signed by all parties involved in the negotiations. A labour agreement is typically valid for three years.

How to propose a labour agreement

You need, among other things, to:

  • identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers (you need to show you have tried to recruit in Australia)
  • specify the number of skilled workers needed from outside Australia
  • specify the skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered provided they are specialised and in demand
  • include copies of correspondence showing that relevant stakeholders have been consulted.

You might be able to use a template labour agreement if there is one for your industry or your worker’s occupation. A template labour agreement is a set of standard parameters for similar employers: it does not guarantee an agreement will be approved.

If the template does not suit your needs, you may be able to negotiate an individual agreement.

Labour agreements include a requirement to provide training to Australian employees.

When you have a labour agreement in place, you are an approved sponsor for the term of operation of the agreement. You can then nominate skilled workers from outside Australia under the terms of the labour agreement.

You will also need to meet your sponsorship obligations and any other terms and conditions specified in the agreement.  If you breach the terms and conditions of your agreement, the Department of Immigration could suspend or terminate it.     



Nomination applications


The Temporary Skilled Migration Income Threshold (TSMIT)

The Temporary Skilled Migration Income Threshold (TSMIT) ensures that your workers will have enough money to be self-reliant while they are in Australia.

You must demonstrate that the market salary rate for the position you are seeking to fill is greater than the TSMIT. If the market salary rate for the position you want to fill does not exceed the TSMIT, you will not be able to access the subclass 482 visa program.

From 1 July 2013, the TSMIT is set at AUD53 900.  It is indexed annually on 1 July.

The current TSMIT level is listed at  Temporary Skilled Migration Income Threshold (TSMIT) and market rates exemption level, you can check it before lodging a nomination application.



Labour market testing requirement

Labour market testing (LMT) in the Subclass 482 programme was introduced by the Migration Amendment (Temporary Sponsored Visas) Act 2013 which was passed by Parliament in June 2013 and commences on 23 November 2013.

Standard business sponsors are required to test the local labour market prior to lodging a nomination for certain occupations and, on implementation of the LMT condition, must provide information with their nomination about their attempts to recruit Australian workers and how they have determined on the basis of these attempts that there is no suitably qualified and experienced Australian citizen, Australian permanent resident or eligible temporary visa holder available to fill the position.

The LMT requirement does not apply to nominations lodged by parties to a labour agreement.

Temporary Skill Shortage Visa (Subclass 482) - FAQs

Meet relationship requirements  
 
In most cases, you must 
be the spouse or de 
facto partner of an: 
 
  • Australian citizen
  • Australian permanent resident or
  • eligible New Zealand citizen 
 
Your relationship can be with someone 
of the same or different sex. 
 
You might still be eligible for the visa if  your relationship breaks down or your sponsor dies while we are considering your application. 
 
Married applicants 
To be a married applicant: 
 
  • you and your spouse must both be committed to a shared life together to the exclusion of all others
  • your relationship with your spouse must be genuine and continuing
  • you must live with your spouse or do not live apart on a permanent basis
  • your marriage must be valid under Australian law 
 
To find out if your marriage is valid under 
Australian law, contact the 
relevant state or 
territory agency for births, deaths and marriages. 
 
De facto partners 
 
To be a de facto partner, you must be in a de facto relationship. you and your partner are in a de facto relationship if all these apply: 
 
  • you are not married to each other
  • you are committed to a shared life to the exclusion of all others
  • your relationship is genuine and continuing
  • you live together or do not live separately and apart on a permanent basis
  • you are not related by family 
 
Usually your de facto relatioship must have existed for at least 12 months immediately before you  apply for the visa. 
 
Time spent dating or in an online 
relationship might 
not count as being in a 
de facto  relationship. 
 
The 12- month requirement will not apply if you can show us compelling and compassionate 
 
circumstances exist to grant 
the subclass 820 visa. 
 
The 12-month requirement also will not apply if: 
 
  • your partner holds or held a permanent humanitarian visa
  • your de facto relationship existed before we granted their visa
  • you de facto partner told us about the relationship before we granted their visa  
 
It also will not apply if you: 
 
  • are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
  • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages 
 
You might still be granted the temporary 
visa if your relationship 
has broken down or if 
your sponsor died.
 
  

You must have a sponsor when you lodge your application and when you are on this visa. 

We must approve your sponsor. There are limitations on approval. 

You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary 309 Partner visa

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