Overview

The Temporary Skill Shortage visa (Subclass 482) or “TSS visa” allows an Australian employer to temporarily sponsor a person from overseas to work in the business in Australia. This visa was introduced on 19 March 2019 and replaces the Subclass 457 visa. The visa will be granted for two or four years depending on your occupation. In some cases you can transition to a permanent visa after three years with the on-going support of the employer.

To apply for a Subclass 482 visa, you need an Australian employer to offer you a job and to sponsor you. Whether you have an employer who is willing to sponsor you is a practical matter and not a legal question. You are more likely to find a sponsor if you are already living in Australia.

Before you can apply for the visa, your employer must become a sponsor. It then must nominate the position it has available. Not all positions can be nominated. The position must be on a list of occupations that can be nominated, genuine, and consistent with the nature of the business. The employer must be unable to find an Australian worker, to pay a market salary rate for the position, and offer conditions equivalent to Australian workers.

The process of sponsoring a person can be complex for employers. Smaller businesses are sometimes unwilling to go through the process and expense of becoming a sponsor. Employers may also need legal advice about whether they can sponsor a particular person, and the process, costs, and obligations of sponsorship.

We invite you to contact us if you need further information about sponsoring a person to apply for a Subclass 482 visa or applying for a Subclass 482 visa yourself.

Temporary Skills
Shortage
(Subclass 482)

This is a temporary visa that allows an employer to sponsor a suitably skilled overseas worker to fill a position in circumstances where they cannot find a skilled Australian to fill the position. Family members can be included in the application and can work or study in Australia while holding the visa.

Depending on your occupation there are two eligibility streams plus a Labour Agreement stream for this visa that allow you to work in Australia temporarily for either two or four years.

Visa Streams

  • The Short-Term Stream:
    Applicants with an occupation on the Short-Term Skilled Occupations List (STSOL) may be eligible for a visa for up to two years. This is renewable onshore once for a further two years. It is potentially renewable for an additional two-year period if you leave Australia and apply from offshore.
  • The Medium & Long-Term Stream and Regional Stream:
    Applicants with an occupation on the Medium and Long-Term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL) can apply for a visa for up to four years. Applicants in this stream may become eligible for permanent residency after three years, depending on meeting age, English, Health, and Character requirements) and having the on-going support of the employer.
  • The Labour Agreement Stream:
    This visa is for skilled workers who have been nominated by an employer who has a Labour Agreement with the Australian Government. It lets you live and work in Australia for up to four years. Labour agreements are developed between the Australian Government (represented by the Department of Home Affairs) and employers.
  • Application stages

    Applying for a Temporary Skill Shortage visa TSS (Subclass 482) is a three-step process. This involves making three separate applications to the Australian Government. These applications can be made at the one time or sequentially but all three need to be approved for the visa to be granted.

    1. A sponsorship application by the employer;

    2. A nomination application for a skilled position by the employer; and

    3. The visa application by the proposed employee.

The general requirements to apply for a Subclass 482 visa are as follows:

  • Have an occupation on the Skilled Occupations list for the Subclass 482 visa;
  • Be nominated for the position by an Australian employer;
  • Have relevant skills and qualifications for your occupation;
  • Have at least two (2) years of work experience in your occupation;
  • Have vocational English language ability; and
  • Meet health and character requirements.
  • These requirements are applied strictly.

    Note 1: There is no age requirement for the TSS visa.
    Note 2: The employer also has to meet strict rules not referred to here to become a sponsor and to nominate the position.

Processing times are indicative only and may vary depending on individual circumstances or government policy. The latest processing times published by the Department of Home Affairs are as follows:

  • 75% of applications: 4 months
  • 90% of applications: 9 months

Short-Term stream visa application charge

Primary Applicant: $1,265
Adult Dependent: $1,265
Child Dependent: $320

Medium-Term stream visa application charge

Primary Applicant:$2,645
Adult Dependent:$2,645
Child Dependent: $660

Standard Business Sponsorship fee

The sponsorship fee is $420

Nomination fee

The nomination fee is $330.

Skilling Australia Fund (SAF)

The SAF levy is a payment made into a Government fund used to provide training to Australian permanent residents and citizens.

The SAF levy for small business: $1,200 for each visa year. The SAF levy for large business: $1,800 for each visa year.

Note: These fees must be paid by the employer and cannot be passed on to the visa applicant.

To discover whether you are eligible to sponsor a worker for a Temporary Skill Shortage (TSS) (Subclass 482) visa or to apply yourself, we invite you to book a consultation with one of our expert migration lawyers.

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