This visa enables employers in Australia to address skilled worker shortages by bringing in skilled workers where employers can't source an appropriately skilled worker who is an Australian citizen or Permanent resident.
This employer sponsored visa 482, which is also referred to as 'TSS Visa', is a temporary work visa that enables employers in Australia to address skilled worker shortages by bringing in skilled workers where employers can't source an appropriately skilled worker who is Australian Citizen or Permanent Resident.
If the occupation being nominated for Visa 482 Australia is on 'Short Term Skilled Occupation List' (STSOL list), then Subclass 482 can only be lodged in Short Term Stream. This stream comes with restriction of maximum 2 years visa with one 2 years extension available. The work visa in this stream does not provide the holder of visa 482 to permanent residency pathway.
If the occupation being nominated for 482 Visa Australia is on 'Medium and Long Term Strategic Skills List' (MLTSSL list), then Subclass 482 can be lodged in Medium Term Stream. The 482 TSS visa in this stream can be granted for a maximum of 4 years, with extensions available. The work visa in this stream provides TSS 482 visa to permanent residency pathway.
If the occupation you seek to nominate is neither on MLTSSL nor on STSOL, then you employer has to have a labour agreement with the Australian government in effect. The work visa in this stream can lead to permanent residence visa. This stream provides 482 visa to pr pathway. However, if the occupation you seek to nominate is on 'Regional Occupations List' (ROL list), then you should explore the possibility of lodging 'Skilled Employer Sponsored Regional Subclass 494 Visa'.
If you have spouse/partner and kids, they can also be included in your TSS 482 visa application or to your work visa after it has been granted. The family members can also be included in applicant's 482 visa to 186 visa pathway to permanent residence.
Subclass 482 Visa holders in Medium Term Stream and Labour Agreement Stream, can apply to become Permanent residents after working for three years for their sponsoring employer.
The applicant being nominated must have relevant qualifications as well as atleast 2 years of relevant experience to the occupation being nominated for the work visa.
You are exempt from providing 482 Visa English requirements evidence for the work visa Australia application if one of the following apply:
- You are a passport holder from: Canada, New Zealand, Republic of Ireland, United Kingdom, United States of America.
- You have completed at least 5 years of full-time study at a secondary level institution and where most classes were in English.
- Your nominated occupation in Australia will be performed at a diplomatic or consular mission of another country, or an Office of the Authorities of Taiwan.
- Your nominated occupation requires you to hold a license, registration or membership that was granted to you after you proved english language competency.
- You are an employee of an overseas business and that business or its associated entity has nominated you to work in Australia, and you will receive a guaranteed annual earnings of at least AUD96,400.
Short Term Stream: Overall band score of at least 5.0 with a score of at least 4.5 in each of the test components or equivalent in PT Academic.
Medium Term Stream: You can meet subclass 482 requirements for English competency by scoring an overall band score of at least 5.0 with a score of at least 5 in each of the test components.
Labour Agreement Stream: You must have English language skills suitable to perform your nominated occupation which will be specified in the Labour agreement between your employer and the Commonwealth.
Subclass 482 TSS visa Skills assessments are issued by relevant skills assessing authorities that checks that your skills meet the standards they set to work in a relevant occupation in Australia. Skills Assessment for work visa might be mandatory based on the occupation you are being nominated for, and visa subclass and stream you are applying for.
The work visa holders in Short-Term Stream can work in Australia for up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies, and work in Australia for up to 4 years under Medium-Term Stream. Hong Kong passport holders may stay up to 5 years.
The employer after obtaining approval for 482 sponsorship, is required to nominate an occupation for a prospective TSS visa applicant or existing TSS visa holder. This is the second step to obtaining a TSS visa 482.
Before a work visa Nomination application can be lodged the nominee will need to do Labour Market Testing (LMT) to show to the Department of Home Affairs that they can't find a suitable Australian worker. Labour Market Testing requires advertising position in Australia, unless International Trade Obligations or specified exemptions apply.
Unless the nominee's annual earnings are AUD$250,000 or above, for a work visa nomination to be approved, the delegate must be satisfied that the Annual Market Salary Rate (AMSR) for the nominated occupation has been determined in accordance with the Department of Home Affairs policy; where the AMSR, excluding any non-monetary benefits, is not less than the Temporary Skilled Migration Income Threshold (TSMIT), which is set at A$53,900, and the nominee's Guaranteed Annual Earnings (GAE) for the nominated occupation will not be less than the AMSR; and the nominee's GAE, excluding any non-monetary benefits, is not less than TSMIT.
A work visa Nomination refused, can be appealed at the Administrative Appeals Tribunal's Migration and Refugee Division (AAT-MRD Tribunal previously know as MRT) if there is an approved 'Standard Business Approval' or an application for 'Standard Business Approval' is under processing for the sponsoring business.
The Department of Home Affairs work visa Fees are: Short Term Stream: Base application charge: A$1,290, Additional applicant charge for an applicant who is at least 18: A$1,290, Additional applicant charge for an applicant who is less than 18: A$325. Medium Term Stream / Labour Agreement Stream: Base application charge: A$2,690, Additional applicant charge for an applicant who is at least 18: A$2,690, Additional applicant charge for an applicant who is less than 18: A$675.
Short Term Stream: 75% of applications in 49 Days, 90% of applications in 5 months; Medium Term Stream: 75% of applications in 4 Months, 90% of applications in 8 months, Labour Agreement Stream: 75% of applications in 5 Months, 90% of applications in 12 months.
How to Apply for 482 Visa: The following steps will need to be completed before an overseas worker can start working for you. Many of these steps are similar to Subclass 457 which visa as 457 replaced by 482.
1. Unless you are already have an approved tss visa sponsorship, or have an executed ‘labour agreement’ with the Minister of the ‘Department of Home Affairs’ (Home Affairs), the first step to sponsoring an overseas worker for a TSS visa will be to apply to become a ‘standard business sponsor’.
2. You will need to do ‘Labour Market testing’ to prove that you have tried to hire an Australian citizen or Permanent Resident for the position you are seeking nomination for.
3. You will need to prove to the ‘Home Affairs’ that the position that you want to nominate a skilled worker to is a ‘Genuine Position’ and meets ‘Australian and New Zealand Standard Classification of Occupation’ ANZSCO job description, as well as fits in the business requirements of your business.
4. The nominated occupation must be from the eligible skilled occupations list or sponsoring employer must apply for a labour agreement from the Minister of Home Affairs.
5. You will need to show to ‘Home Affairs’ that the salary you are offering to nominated skilled worker is the ‘Market Salary Rate’ for this occupation in Australia.
6. You will need to show and attest that you do not engage in any discriminatory recruitment practices.
7. You will need to show that there is no adverse information against your business for violating any federal, state or council laws.
8. Skilled worker you nominate must have minimum of 2 years experience and qualifications that matches with the job you offer them.
9. Skilled worker you nominate will need to pass the character and health tests before a visa could be issued.
Failing to meet any of the above will result in failure of any 1 or combination of application stages out of 3 stages of the application; resulting in failure of the application process.
The applicant must abide by their 482 visa conditions such as, to maintain appropriate health Insurance for 482 Visa holders, primary work visa holder to work only for the sponsoring employer, and inform the Home Affairs of any changes in their circumstances
If the occupation you are nominating for work visa is on 'Priority Migration Skilled Occupation List', then the application will be given priority processing by the 'Department of Home Affairs'.
Before you as an employer can nominate a skilled worker for Subclass 482 or Subclass 494 visa, you must show to the ‘Department of Home Affairs’ that you can't find a suitable worker who is Australian citizen or permanent resident. This can be shown by engaging in local labour market testing. Labour market testing (LMT) involves advertising the position in Australia.
However, in certain circumstances you may be exempt from labour market testing, or there may be alternative arrangements.
1) Where the occupant has to have an internationally recognised record of exceptional and outstanding achievement in a profession or in the field of sport, academia and research, or a top-talent chef.
2) Where there is a new nomination for an existing TSS, subclass 494 or subclass 457 visa holder solely because: the annual earnings that will apply to the nominee have changed; or a change in business structure has resulted in the visa holder being no longer employed by the standard business sponsor even though they haven’t changed position.
3) Where there is an intra-corporate transfer (ICT) the transfer of an existing employee of a company operating overseas to an associated entity of that company operating in Australia.
4) Where the annual earnings will be equal to or greater than AUD250,000.
5) Where the nominees are within: ANZSCO Minor Group 253 – Medical Practitioners (except General Practitioner (ANZSCO 253111) and Medical Practitioners nec (ANZSCO 253999) or ANZSCO Unit Group 4111 – Ambulance Officers and Paramedics..
To show that you have completed labour market testing you will need to provide copies of all advertisements used to advertise the position. The advertising must be done within the 4 months immediately before lodging a nomination application.
However, if the sponsor or an associated entity has made any Australian citizen or permanent resident workers redundant or retrenched them from positions (in the nominated occupation) within 4 months before lodging the nomination application, the advertising must have occurred since the date that the redundancies or retrenchments occurred, and information about these redundancies or retrenchments must also be provided with the nomination.
The advertisement was in Australia, in English and included the following information: the title, or a description, of the position (multiple positions in one advertisement is acceptable, the skills or experience required for the position, the name of the approved sponsor or the name of the recruitment agency being used by the sponsor, the salary for the position - if the annual earnings for the position are lower than AUD96,400 (it is acceptable to publish a salary range (for example, AUD80,000 to AUD90,000)•
At least 3 advertisements (out of which one must be government JobSeach) were published in any of the following [on a prominent or professional recruitment website with national reach that publishes advertisements for positions throughout Australia (industry specific recruitment websites relevant to the occupation that are in significant use by the industry are an acceptable method of LMT advertising, or a general classifieds website or an advertisement solely through social media notification such as Twitter or Instagram are not acceptable methods. LinkedIn's online recruitment platform is acceptable for LMT purposes. Job vacancies restricted to LinkedIn profile members only are not acceptable for LMT purposes), in national print media (that is, newspapers or magazines with national reach that are published at least monthly and marketed throughout Australia), on national radio with national reach, on the business' website if the sponsor is an accredited sponsor.
Advertisements, including on websites, are expected to have run for at least 4 weeks, with expressions of interest for the advertised position must have been accepted for at least 4 weeks. The nominated position may be advertised in the same medium on two separate occasions, or in any two different mediums simultaneously.
For Primary and 482 Dependent visa document checklist
1. Identity documents such as passport, birth certificate, proof of name change such as marriage or divorce certificate.
2. If you are or have been married, widowed, divorced or permanently separated, provide proof such as marriage certificates, divorce documents, death certificates, separation documents or statutory declarations.
3. Provide an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16, any military service records or discharge papers if you served in the armed forces of any country.
5. Nominating employer authorisation for the dependents to be included in employer sponsor obligations.
4. Passport size photographs.
For Primary Applicant
5. All academic certificates and transcripts.
6. Employment reference letters and evidence of payslips.
7. English test results such as IELTS or PTE Academic or TOEFL or OET.
8. Any professional registration or license certificate.
9. Your curriculum vitae or resume that includes your full employment and educational history, including dates and positions held within last ten years.
10. Bank statements, tax records and superannuation record (If Skills Assessment is required).
All documents are to be color pdf files. Where documents are not in english, an authorised translated version needs to be provided.