Temporary Skill Shortage Visa (Subclass 482)

Temporary Skill Shortage Visa (Subclass 482)

The Temporary Skill Shortage (TSS) Visa (subclass 482) allows Australian businesses to address skill shortages by bringing in skilled workers from overseas. This visa enables employers to sponsor qualified candidates to fill positions for which they cannot find a suitably skilled Australian worker.

Streams and Eligibility

1. Short-Term Stream

• Purpose: For employers to fill short-term skill gaps with overseas workers for a maximum of 2 years, or up to 4 years if an International Trade Obligation (ITO) applies.
• Eligible Occupations: Occupations on the Short-Term Skilled Occupation List (STSOL).
• Pathway to PR: Offers a pathway to permanent residency after 2 years of holding the visa, provided the position is still required and other criteria are met.
• Employee:  Must have 2 years of work experience and 4.5 bands in each modules of IELTS Test with 5 overall.

2. Medium-Term Stream

• Purpose: For employers to address medium to long-term skill shortages by hiring overseas workers for up to 4 years.
• Eligible Occupations: Occupations on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL).
• Pathway to PR: Offers a pathway to permanent residency after 3 years of holding the visa, provided the position is still required and other criteria are met.
• Employee:  Must have 2 years of work experience and 5 bands in each modules of IELTS Test with 5 overall.

3. Labour Agreement Stream

• Purpose: For employers who have entered into a Labour Agreement with the Australian government to sponsor overseas workers.
• Eligible Occupations: Occupations specified in the Labour Agreement.
• Flexibility: This stream allows for more flexibility in terms of occupation and requirements, tailored to the specific needs of the industry or employer.
• Concessions: Concession are available for age, English, work experience and salary for most of the occupations.
• Employee:  Must have 2 years of work experience and 4.5 bands in each modules of IELTS Test with 5 overall (Experience or Age concessions may be available in your nominated occupation and as per the Labour Agreement specification).
  

Key Requirements

1. Sponsorship:
   • The employer must be an approved sponsor (SBS).
   • They must demonstrate a genuine need to employ the overseas worker and show that they have made genuine efforts to recruit locally.
2. Nomination:
   • The position being filled must be on the relevant skilled occupation list and must align with the business activities of the employer.
   • The position must meet the minimum salary threshold and the Temporary Skilled Migration Income Threshold (TSMIT).
3. Visa Application:
   • The applicant must have the skills, qualifications, and experience necessary to fill the position.
   • They must meet English language requirements, as well as health and character requirements.

Benefits of the TSS Visa

• Work in Australia: Allows the visa holder to live and work in Australia for the duration of the visa.
• Family Members: Applicants can include immediate family members on their visa application, and family members will have access to work and study rights in Australia.
• Pathway to Permanent Residency: This visa offers a potential pathway to permanent residency after two years, making it an attractive option for long-term employment.

Steps to Apply

1. Check Eligibility: Ensure that both the employer and the position meet the relevant requirements.
2. Sponsorship Application: If not already an approved sponsor, the employer must apply for approval.
3. Nomination Application: The employer nominates the skilled position to be filled by the overseas worker.
4. Visa Application: The nominated worker applies for the TSS visa.

Processing Time and Costs

• Processing Time: Processing times vary depending on the stream and the applicant’s circumstances. Generally, the process can take between a few weeks to several months.
• Costs: The cost of the TSS visa depends on the stream and the number of applicants. Additional charges apply for family members and subsequent entrants. See costs section.

Compliance and Obligations

• Employer Obligations: Employers must comply with sponsorship obligations, including paying the correct salary, ensuring the working conditions match those of Australian employees, and keeping records.
• Visa Holder Obligations: Visa holders must work in the nominated occupation and for the sponsoring employer. Any change in employment must be reported, and visa conditions must be adhered to, including maintaining valid health insurance.

Costs

Visa Application Fees

EMPLOYER'S APPLICATIONS

• Step 1: Standard Business Sponsorship Application: $420
• Step 2: Nomination Application: $330 + SAF Levy ($1200 per year)

EMPLOYEE;S APPLICATION

You have to pay the visa application fees for one of the following stream:

Short Term Stream

• Step 3: SC 482 Visa application:

• • Primary Applicant: AUD 1495
  • Additional Adult Applicant (>=18 Age): AUD 1495
  • Additional Child Applicant (<18 Age): AUD 376

Medium Term Stream

• Step 3: SC 482 Visa application:

• • Primary Applicant: AUD 3115
  • Additional Adult Applicant (>=18 Age): AUD 3115
  • Additional Child Applicant (<18 Age): AUD 780

Labour Agreement Stream

• Step 3: SC 482 Visa application:

• • Primary Applicant: AUD 3115
  • Additional Adult Applicant (>=18 Age): AUD 3115
  • Additional Child Applicant (<18 Age): AUD 780

Source:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/fees-and-charges/current-visa-pricing

Document Checklist for Employers

1. Sponsorship Application

• Proof of Business Registration:
  • Australian Business Number (ABN)
  • Australian Company Number (ACN)
  • Business Name Registration Certificate
• Company Financial Documents:
• • Recent Business Activity Statements (BAS)
  • Annual financial reports - last 2 yrs (Profit and Loss Statement, Balance Sheet)
  • Tax Return Documents - last 2 yrs
• Business Structure Documents:
  • Organisational chart
• • Trust Deed (if applicable)
  • Franchisee Agreement (if applicable)
• Previous Sponsorship Obligations (if applicable):
  • Records of compliance with previous sponsorship obligations
• Business Plan (For new business only)

2. Nomination Application

• Job Description:
  • Detailed position description including duties, responsibilities, and qualifications required
• Salary Details:
  • Proposed salary, ensuring it meets the Temporary Skilled Migration Income Threshold (TSMIT)
• Market Salary Research Report
• • Evidence that the salary is in line with Australian market rates (e.g., salary surveys, enterprise agreements)
• Position Details:
  • Employment contract
  • Terms and conditions of employment
• Skilled Occupation List (SOL) Evidence:
  • Confirmation that the nominated occupation is on the relevant skilled occupation list (STSOL, MLTSSL, or ROL)
• Genuine Position Statement:
  • A statement explaining why the position is genuine and necessary for the business operations
• Labour Market Testing (LMT):
• Evidence of recruitment efforts (e.g., job advertisements, recruitment agency reports)
• Labor market testing results (if required)
• Statement outlining the need for the position and why an Australian worker cannot fill it
• Business Operations Evidence:
  • Documentation proving that the position aligns with the business activities (e.g., business plans, project details)

3. Labour Agreement Stream (if applicable)

• Labour Agreement Documentation:
  • Copy of the Labour Agreement with the Australian Government
  • Evidence supporting the terms of the agreement (e.g., industry-specific needs, shortages)

Document Checklist for Employees (Visa Applicants)

1. Personal Identification

• Passport:
  • Certified copy of passport bio-data page
• Photographs:
  • Recent passport-sized photographs meeting visa photo requirements
• Birth Certificate:
  • Certified copy of birth certificate (with translations if not in English)

2. Qualifications and Skills

• Academic Qualifications:
  • Copies of degrees, diplomas, and certificates relevant to the nominated occupation
  • Marksheet or Transcripts of records (with translations if not in English)
• Work Experience Evidence:
  • Detailed CV/Resume
  • Reference letters from previous employers outlining job duties, duration of employment, and skills acquired
  • Bank Statements, Payslips, Income tax records, or other evidence of employment
• Skills Assessment (if required):
  • Positive skills assessment outcome from the relevant assessing authority for the nominated occupation

3. English Language Proficiency

• English Test Results:
  • IELTS, TOEFL, PTE Academic, or other approved English language test results meeting the required scores
  • Exemption documentation (if applicable)

4. Health and Character

• Health Examination:
  • Health examination results, including medical and radiological reports (as required by the Department of Home Affairs)
• Health Insurance:
  • Evidence of adequate health insurance covering the applicant and any accompanying family members for the duration of the visa
• Character Documents:
  • Police clearance certificates from all countries where the applicant has lived for 12 months or more in the last 10 years
  • Form 80 or Form 1221 (Personal particulars for character assessment, if requested)

5. Family Members (if applicable)

• Marriage Certificate:
  • Certified copy of marriage certificate (with translations if not in English)
• Partner’s Documents:
  • Partner’s passport, birth certificate, and police clearance certificates
  • Evidence of relationship (e.g., joint bank accounts, utility bills)
  • Digital Photo
• Children’s Documents:
  • Birth certificates for all dependent children
  • School enrolment certificates (if school-age children are included in the application)
  • Digital Photo

6. Visa Application Specifics

• Signed Employment Contract:
  • Copy of the signed employment contract with the sponsoring employer
• Nomination Approval Letter:
  • Copy of the nomination approval letter from the Department of Home Affairs

Important Notes

• Translations: All documents not in English must be accompanied by a certified translation.
• Certification: Ensure that all copies of documents are certified by an authorized person.
• Completeness: Incomplete applications may result in delays or visa refusal. Double-check all documents against this checklist before submission

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