Temporary Skill Shortage Visas (482 visas)

Introduction

The Temporary Skill Shortage (subclass 482) Visa (TSS Visa) is a new stream introduced as part of Australia’s reformed skilled migration scheme. It has now fully replaced the Temporary Work (Skilled) Visa program (457 visa), which is closed for new applications.

Features of the TSS Visa

The TSS visa stream helps employers address genuine skills shortages in the Australian labour market. It enables employers to bring skilled workers into Australia through sponsorship when they cannot source the workers they need locally.

Family Members

Each visa stream allows applicants to include eligible family members. These are defined as a partner – married or de facto (same or opposite sex) – or dependent children up to 23 years of age.

Streams of the TSS Visa

Short-Term Stream

The short-term stream permits employers to fill temporary skills gaps identified from a list of occupations on the Short-Term Skilled Occupations List (STSOL). This visa is granted for a maximum of two years (or four years under International Trade Obligations) with a once-only onshore renewal capacity. It does not provide an opportunity for permanent residency. Applicants must demonstrate that they genuinely do not intend to remain permanently in Australia.

Medium-Term Stream

The medium-term stream targets long-term skills gaps. It is designed to fill more narrowly-defined and highly-skilled occupation categories appearing on the Long-Term Strategic Skills List (MLTSSL). Applicants may apply for up to four years with an opportunity to renew indefinitely while the occupation remains on the list. This stream provides a pathway for permanent residency after three years, provided the visa holder meets relevant eligibility requirements and complies with any visa conditions.

Regional Occupation List (ROL)

A Regional Occupation List (ROL) includes various occupations specifically available in regional areas. It forms part of both the STSOL and MLTSSL.

Labour Agreement Stream

The labour agreement stream applies to employers who have entered into a labour agreement with the Department of Home Affairs. A labour agreement allows businesses to sponsor workers when a specific need cannot be met by the Australian labour market. Currently, there are four types: company-specific, industry-specific, designated area, and project agreements. Like the medium-term stream, applicants may apply for up to four years, renew the visa, and seek permanent residency after three years, subject to eligibility.

Additional Requirements

Some occupation categories are subject to certain ‘caveats’. These caveats mean additional requirements relating to the business entity or occupation must be met. For example, a business may need to achieve a minimum annual turnover before obtaining sponsorship approval, meet minimum salary requirements, have a minimum number of employees, or meet specific locality requirements.

Application Process

Occupation

Applicants must first check if they have the relevant qualifications or skills suited to an occupation listed on the STSOL or MLTSSL. These lists are reviewed regularly. Categories of occupations may be added, deleted, or moved between lists at any time and without notice.

Sponsorship

Applicants must have an employer willing to employ them in the listed occupation. The employer must be an ‘approved business sponsor’. An approved business sponsor must lawfully operate a business in Australia and fulfil various other requirements. A visa application cannot be submitted without the applicant being ‘nominated’ for the position by the approved business sponsor. Before nominating a proposed applicant, the employer must show that genuine local efforts to recruit for the occupation have been made (known as labour market testing). The employer must pay the visa holder a market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT). This ensures that overseas workers are not exploited and Australian workers are not cut out of a position. The employer must pay for all costs associated with the sponsorship and nomination application.

Eligibility Criteria

Grant of a visa will be subject to the applicant meeting various eligibility criteria. These include skills and qualifications relevant to the occupation category, minimum work experience, health and character requirements (including police checks), English proficiency, and any other requirements specific to the visa type for the stream in which they are applying. TSS visa applicants need to demonstrate at least two years of relevant work experience in their chosen occupation category. However, this requirement may not be necessary when applying under a Labour Agreement Stream. Family, partners, and children included in the primary visa applicant’s application also need to meet certain eligibility requirements. Visa holders must provide Tax File Numbers to the Department of Home Affairs for cross-checking with the Australian Taxation Office to ensure conformity with salary requirements.

Conclusion

Applying for a visa is a complex process with strict eligibility criteria. Legislation and regulations are constantly evolving, and listed occupation categories are subject to change at short notice. A lawyer experienced in migration law can assist greatly in explaining the process and obtaining the extensive information necessary to support your application. Getting your application right the first time is imperative to increase the opportunity of being granted an Australian visa. If you or somebody you know is interested in applying for a TSS visa, or other visa type, or needs help or advice, please contact us on 02 9299 5815 or email [email protected].