Temporary Work Visas

Australia Temporary Skill Shortage Visa (482 TSS)

Temporary work visaThe Temporary Skill Shortage (482 TSS) visa is for employers who would like to sponsor an overseas employee  to work in Australia for up to 4 years. (Essentially, this has replaced the old 457 )

There are 3 eligibility streams with the Temporary Skill Shortage (482 TSS) visa. The chosen occupation will determine which steam the applicant will be eligible for.

  • The Short-Term Stream which allows for a stay for up to 2 years with no pathway to permanent residence. This can be applied for one further time for an additional 2 years stay.
  • Medium-Term Stream allows fora stay for up to 4 years with a pathway to permanent residence if certain other criteria are met e.g. age etc.
  • Labour Agreement – eligibility criteria is negotiated with Home Affairs
If you have a question or enquiry regarding this scheme type, please complete the form below and we will get in touch with you soon.

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Sponsorship

The Australian Employer gets approval as a business sponsor. The Employer must provide details on their business, benefit of employing an overseas employee.

Nomination

The Nomination identifies the (overseas) person who will fill the position within the business, and the occupation that person will undertake while in Australia. Only occupations on specific lists can be nominated for the 482 Temporary Skill Shortage permit. Further, depending on which occupation is being nominated will depend on how long the stay period can be granted for – either 2 years if the occupation is on the Short Term Skilled Occupation List (STSOL), or 4 years if the occupation is on the Medium and Long Term Strategic Skills List (MLTSSL).

Note if the occupation is on the STSOL, then stay period will only granted be for 2 years and the applicant will be allowed one more onshore application for a further 2 years only. There is no pathway to permanent residence if the occupation is on the STSOL. If the occupation is on the MLTSSL, the stay period can be granted for up to 4 years with a pathway to permanent residence.

The position must be genuine and meet specific salary thresholds (Annual Market Salary Rate (AMSR)) and, Labour Market Testing (LMT) must also be undertaken. Adverts for the position must be less than 4 months old and be in specific publications or media outlets for at least 4 weeks. Caveats also apply to certain occupations.

When it comes into effect, as part of the nomination, there will be a (training) levy payable to the Skilling Australian Fund (SAF). This is payable at the time nomination is submitted. This amount will vary depending on the size of the business and the length of time the applicant will be employed in the business. An example of the cost – the business has a turnover of greater than 10 million per annum and sponsors one employee for 4 years for an occupation on the MLTSSL the SAF levy will be $7,200

Business size – by turnover

  • Less than 10 Million – $1,200 per year or part of
  • More than 10 Million – $1,800 per year or part of

 

Temporary Work Visa

Temporary Skill Shortage (482 TSS) – the application

The prospective employee applies for the Temporary Skill Shortage (482 TSS) visa to enter or to remain in Australia. The applicant may need to demonstrate that they have (among other things):

  • The necessary skills and attributes to match the nominated position (qualifications and work experience).
  • Any required occupation licenses
  • At least 2 years post graduate work experience in the nominated occupation
  • Meet the required level of English
  • The applicant will also need to maintain medical insurance during the stay period.
With sponsored employment, the Employer has certain obligations to abide by. Some of these obligations are listed below: –
  • Cooperate with inspectors
  • Ensure equivalent terms and conditions of employment
  • Pay travel costs to enable sponsored persons to leave Australia
  • Pay costs incurred by the Commonwealth to locate and remove unlawful non-citizen
  • Keep records
  • Provide records and information to the Minister
  • Provide information to Immigration when certain events occur
  • Ensure primary sponsored person does not work in an occupation other than an approved occupation
  • Obligation not to recover certain costs from a primary sponsored person or secondary sponsored person
  • Pay costs to locate and remove a unlawful sponsored person
  • Not engage in discriminatory recruitment practices