Temporary Skills Shortage (TSS) - Subclass 482 Visa - Medium Term Stream
The subclass 482 - Temporary Skill Shortage (TSS) visa allows employers to sponsor overseas workers to live and work in Australia on a temporary basis. This visa is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market. It is valid for a maximum of four years for Medium Term Stream.
TSS VISA REQUIREMENTS: MEDIUM TERM STREAM
Employer
The business seeking to employ you must:
-
be actively and lawfully operating in Australia; OR
-
be actively and lawfully operating overseas (not in Australia), and be bringing the visa applicant to Australia either to establish a business operation, or to fulfil contractual obligations).
In addition, there must not be any adverse information known that is relevant to the business’s suitability as an approved sponsor.
NOTE: Adverse information includes (but is not limited to) contraventions of Commonwealth, State or Territory Laws relating to matters such as immigration, industrial relations or taxation; pending investigations or disciplinary actions; being the subject of administrative action for possible contravention of the law; insolvency; or having provided bogus documents or false/misleading information to the Department of Home Affairs (the DOHA).
Accreditation
Certain businesses may be able to apply for accredited status, which enables them to receive priority processing for all TSS nomination and visa applications. Please contact us to check if your employer’s business may be eligible for accreditation.
Nominated Position
The position to be filled must:
-
be a genuine, full-time position
-
be in the sponsor’s business (or that of an associated entity), and be subject to a written contract of employment (unless exempt from this requirement)
NOTE: If the sponsor is located overseas, the position must be located in the sponsor’s business
-
have a salary that is:
-
at least $73,150 per year (excluding any non-monetary benefits) AND
-
at least the annual market salary rate (AMSR) for your nominated occupation
-
NOTE: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $73,150 per year. The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location. You will be exempt from this requirement if your salary is more than $250,000 per year.
-
be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
-
be included on:
-
the current Medium and Long-term Strategic Skills List (MLTSSL) OR
-
the Regional Occupation List (ROL) AND located in a regional area of Australia
-
NOTE: Certain occupations on these lists will be subject to additional requirements (e.g. work experience, location, type of business operated by sponsor, nature of position). Please contact us for further details based on your particular circumstances.
-
have been subjected to ‘Labour Market Testing’ (LMT) i.e. the sponsor must have attempted to recruit a suitably skilled and qualified Australian to work in the nominated position. This requires the sponsor to provide evidence that it has advertised the position within the last 4 months, for a period of at least 4 consecutive weeks
NOTE: Alternative LMT criteria apply in certain circumstances. Evidence provided in support of LMT must meet strict criteria regarding the location, type, and content of the advertisement. Sponsors are not required to undertake LMT if an International Trade Obligation applies. Please contact us for further information regarding the type of LMT required for your nomination.
Visa Applicant
As the visa applicant, you must:
-
have skills (qualifications and/or work experience) that match those required for the nominated position
NOTE: Certain applicants will be required to undergo a formal skills assessment, which must be commenced prior to lodging the visa application. Please contact us for further details based on your particular circumstances.
-
have at least two years of work experience in your nominated occupation, or a related field (full-time experience is strongly preferred, though not essential)
-
genuinely intend to work in the nominated position
-
meet any mandatory licensing, registration, or professional membership requirements
-
have made adequate arrangements for health insurance during your stay in Australia, and meet the relevant health and character criteria
-
have the required level of English proficiency i.e.
-
hold a valid passport issued by the UK, USA, Canada, New Zealand, or the Republic of Ireland (and you are a citizen of that country) OR
-
an IELTS test score of at least 5 in EACH test component OR
-
an OET test score of at least B in EACH test component OR
-
a TOEFL iBT overall test score of at least 35 (with a minimum of 4 for listening, 4 for reading, 14 for writing and 14 for speaking) OR
-
a PTE Academic test score of at least 36 in EACH test component OR
-
a Cambridge C1 Advanced test score of at least 154 in EACH test component
-
NOTES: In each case, the test must have been undertaken within the last three years.
You are exempt from this requirement if you have completed at least five years of full-time study in a secondary or higher education institution where all instruction was conducted in English. Other exemptions also apply to a limited set of applicants – please contact us for further details.
APPLICATION PROCESS
Stage 1: Sponsorship Application >
The application for standard business sponsorship is lodged with the DOHA on behalf of your employer. The main criterion is that your employer’s business is actively and lawfully operating in Australia or overseas. An approved sponsorship is valid for five years. During this time, the business can nominate overseas workers for subclass 482 - Temporary Skill Shortage visas.
SPONSORSHIP OBLIGATIONS
Businesses who are approved to sponsor overseas workers for TSS visas MUST comply with certain obligations imposed by the DOHA. These obligations are designed to protect overseas workers from exploitation, and to ensure that the visa program is used correctly.
In particular, please note that a business approved as a standard business sponsor must not attempt to recover any of the costs associated with applying for sponsorship or nominations (including migration agent costs and Skilling Australians Fund levies), or any costs directly associated with recruiting overseas workers for nominated positions. Approved sponsors may however be able to recover GST and/or claim a tax deduction for payment of fees and costs associated with applying for sponsorship, and we recommend that independent tax advice is sought in this regard if relevant.
Approved sponsors must also maintain certain records relating to their sponsorship and subclass 482 (and 457) nominations. This includes records substantiating the sponsor’s annual turnover, as well as records confirming how, and by whom, each Skilling Australians Fund levy was paid. Such records must be provided to the DOHA upon request.
Please contact our office for further information, including a full list of sponsorship obligations.
Stage 2: Nomination Application >
The nomination application is lodged with the DOHA on behalf of your employer, either at the same time as the sponsorship application, or during the sponsorship validity period. The main criterion is that the nomination meets the requirements listed above.
Skilling Australians Fund Levy
Sponsors must pay the Skilling Australians Fund (SAF) levy for EACH subclass 482 nomination lodged with the DOHA. The amount payable varies based on the sponsor’s annual turnover and the visa applicant’s proposed period of stay in Australia:
-
For sponsors with an annual turnover of LESS THAN AU$10 million, the SAF levy is AU$1,200 for each year of the nominated visa applicant’s proposed period of stay i.e. AU$1,200 for a 1-year visa; AU$2,400 for a 2-year visa and so forth.
-
For sponsors with an annual turnover of AT LEAST AU$10 million, the SAF levy is AU$1,800 for each year of the nominated visa applicant’s proposed period of stay i.e. AU$1,800 for a 1-year visa; AU$3,600 for a 2-year visa and so forth.
The SAF levy must be paid upfront, at the time that the nomination is lodged.
Please contact our office for further information regarding the SAF levy.
Stage 3: Visa Application >
Your visa application is lodged with the DOHA either at the same time as the nomination application, or before the nomination expires (generally within 12 months of approval). The main criterion is that you fulfil the requirements listed above.
You may generally be in or outside Australia when applying for this visa. However, you may be ineligible to apply in Australia if you do not hold the required type of visa or have previously been refused a visa (or had your visa cancelled). Please contact us for further details.
Once the DOHA has approved all three applications, you will be granted a subclass 482 - Temporary Skill Shortage visa in the Medium Term stream. Your visa will be valid for up to four years, with the exact term dependent upon your sponsor’s requirements.
PLEASE NOTE: We estimate that it may take several weeks to prepare and lodge your application, with the time taken largely dependent on how promptly you (and your sponsor, if applicable) provide us with the necessary supporting information and documents.
The time that it takes the DOHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities. Please contact us for current information regarding likely processing timeframes for this type of application.