The TSS 482 visa is a type of visa in Australia that helps businesses when they can’t find skilled Australian workers. It allows these businesses to hire skilled workers from other countries for a temporary period. This visa makes sure that jobs are first offered to Australians, but if a suitable Australian can’t be found, then a foreign worker can be hired. People with this visa can work in Australia in the job they are hired for, and they might be able to stay in Australia permanently later on.
If a business needs to hire someone from another country because they can’t find an Australian to do the job, they can sponsor that person for a 482 TSS visa. The business must be approved as a Standard Business Sponsor (SBS) or an Overseas Business Sponsor (OBS) to do this.
You can apply for this visa from inside or outside Australia, or if you have a certain type of temporary visa (BVA, BVB, BVC).
The 457 visa used to be the visa for this purpose, but it was stopped and replaced by the 482 TSS visa. The TSS 482 visa has three parts: a Short-Term stream, a Medium-Term stream, and a Labour Agreement stream. Each part has different rules and is for different kinds of jobs.
The TSS 482 visa involves a three-step process:
- First, the company that wants to hire a foreign worker applies to be a sponsor. This company must be legally running and actively doing business. They also need to follow local rules for hiring and treating workers.
- Next, the company needs to apply to nominate a specific job position. In this step, they provide details about the job, like what it pays, and show that they tried to find an Australian to fill the job but couldn’t. They also need to prove that the job is real and necessary and that the company is in good shape to hire someone from another country.
- Lastly, the person who is being offered the job applies for the visa. This person needs to show that they have the right skills for the job and meet health and character standards. This means they should be healthy and have a good record of behaviour.
Australia is planning to introduce a new system with three types of visas, replacing the TSS SC 482 visa. This system is designed to cater to different income levels:
- The ‘Essential Skills’ visa is for those earning less than $70,000 a year. This visa will have certain restrictions and will focus on specific sectors. It’s still being finalized, but sectors like aged care and disability have been mentioned. This visa will also have limits on the number of people who can get it and will involve some oversight by unions.
- The ‘Core Skills’ visa is for people earning between $70,000 and $135,000. This visa is expected to cover most of the applicants in the program. Trades workers will apply under this category based on a new ‘skills in demand’ list created by Jobs and Skills Australia.
- The ‘Specialist Skills’ visa is for high earners, making over $135,000 a year. This visa won’t be limited by an occupational list and promises a fast processing time of just 7 days. However, it won’t be available for certain jobs like trades, machine operators, drivers, and labourers. Only 3,000 people a year will get this visa.
These visas will be valid for up to four years. They will make it easier for visa holders to change jobs and will offer clear paths to permanent residency. The ‘TSMIT’ (Temporary Skilled Migration Income Threshold) will be adjusted every year. There will also be a public register of employer sponsors to simplify the process of moving between employers.
| Visa Type | Medium and Long Term TSS Visa (MLTSSL – 482 Visa) | Short-Term TSS Visa (STSOL – 482 Visa) | TSS 482 Visa – Regional (ROL) |
|---|---|---|---|
| Eligible Occupations | Listed on MLTSSL | Listed on STSOL | Listed on the Regional Occupations List (ROL) |
| Renewal Policy | Renewable multiple times in Australia | Renewable once in Australia (up to 4 years), more offshore renewals possible | Renewable multiple times in Australia |
| Pathway to Permanent Residency | After 3 years | From Nov 2023 via the 186 visa | Via the 494 visa, and from Nov 2023 via the 186 visa |
| Language Requirement | IELTS 5 (no skill below 5) or equivalent, unless exempt | IELTS overall 5 (no skill below 4.5) or equivalent, unless exempt | IELTS 5 (no skill below 5) or equivalent, unless exempt |
| Work Experience | 2 years in a relevant field, must meet ANZSCO guidelines | 2 years in the relevant field, must meet ANZSCO guidelines | 2 years in the relevant field, must meet ANZSCO guidelines |
| Age Limit | No limit | No limit | No limit |
| Health and Character Requirements | Standard checks required | Standard checks required | Standard checks required |
| Labour Market Testing (LMT) | Yes, required | Yes, required | Yes, required |
| Salary Requirements | Must pay AMSR | Must pay AMSR | Must pay AMSR |
| Additional Notes | N/A | Show intention for temporary stay (GTE requirement) | An employer must be in a designated regional area |
Overview of TSS 482 Visa Streams
The TSS 482 visa in Australia is available under three distinct streams, each catering to different employment needs and durations:
482 Short-Term Stream
- Purpose: For employers to temporarily bring in skilled workers from overseas for roles listed on the Short-term Skilled Occupation List (STSOL).
- Duration: Up to two years for each instance. This can extend to four years if it falls under an international trade obligation.
- Key Feature: Designed for genuine temporary employment needs.
482 Medium-Term Stream
- Purpose: Allows employers to hire highly skilled foreign workers for medium-term roles, focusing on critical skills. These occupations are listed on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupations List (ROL).
- Duration: Each employment period can last up to four years.
- Permanent Residency: Eligible for permanent residency application after three years.
- Key Feature: Aimed at addressing medium-term skills shortages.
482 Labour Agreement Stream
- Purpose: For employers to fill specific skilled positions that are not catered to by standard visa programs. This stream operates under a labour agreement with the Commonwealth, based on proven needs that the Australian labour market cannot fulfil.
- Permanent Residency: Offers the potential to negotiate for permanent residency.
- Key Feature: Tailored to exceptional employment situations.
Employee Eligibility Criteria for the TSS 482 Visa
The TSS 482 visa in Australia sets specific requirements for employees to qualify. These requirements are outlined below:
Work Experience Requirement
- Criteria: Applicants must have a minimum of two years of work experience in their nominated occupation or a closely related field.
- Additional Notes: Recent graduates from Australian universities usually don’t qualify unless they have another overseas qualification and two years of post-qualification experience. Applicants must also satisfy the ANZSCO Skill Level requirement for their occupation.
Condition 8607 Compliance
- Applicability: Applies to all primary holders of the TSS 482 visa.
- Requirement: If a visa holder wants to change their occupation (not just their employer), they must get a new nomination approved and a new visa granted before starting the new job.
- Comparison: Similar to condition 8107 for subclass 457 visa holders.
Rules for Repeat TSS 482 Visas
General Eligibility: Applicants can be inside or outside Australia when applying.
Specific Conditions for Short-term (ST) Stream:
- The primary applicant must apply from outside Australia if all these conditions apply:
- They have had more than one ST stream TSS 482 visa.
- They were in Australia when they applied for their most recent TSS 482 visa.
- Applying from outside Australia doesn’t conflict with any International Trade Obligation (ITO).
Further Application: Those who have held two consecutive ST stream TSS 482 visas (with the second application made in Australia) can apply for another ST stream visa from outside Australia.
Considerations: Their immigration history will be assessed, particularly regarding the Genuine Temporary Entrant (GTE) requirement.
This summary provides an overview of the key requirements employees must meet to be eligible for the TSS 482 visa, highlighting work experience, visa conditions, and stipulations for repeat visas. Employee Eligibility Criteria for the TSS 482 Visa
Requirements for employees to qualify
The TSS 482 visa in Australia sets specific requirements for employees to qualify. These requirements are outlined below:
Work Experience Requirement
Criteria: Applicants must have a minimum of two years of work experience in their nominated occupation or a closely related field.
Additional Notes: Recent graduates from Australian universities usually don’t qualify unless they have another overseas qualification and two years of post-qualification experience. Applicants must also satisfy the ANZSCO Skill Level requirement for their occupation.
Condition 8607 Compliance
Applicability: Applies to all primary holders of the TSS 482 visa.
Requirement: If a visa holder wants to change their occupation (not just their employer), they must get a new nomination approved and a new visa granted before starting the new job.
Comparison: Similar to condition 8107 for subclass 457 visa holders.
Rules for Repeat TSS 482 Visas
General Eligibility: Applicants can be inside or outside Australia when applying.
Specific Conditions for Short-term (ST) Stream:
- The primary applicant must apply from outside Australia if all these conditions apply
- They have had more than one ST stream TSS 482 visa.
- They were in Australia when they applied for their most recent TSS 482 visa.
- Applying from outside Australia doesn’t conflict with any International Trade Obligation (ITO).
Further Application: Those who have held two consecutive ST stream TSS 482 visas (with the second application made in Australia) can apply for another ST stream visa from outside Australia.
Considerations: Their immigration history will be assessed, particularly regarding the Genuine Temporary Entrant (GTE) requirement.
Overview of Employer Financial Obligations for the TSS 482 Visa
Employers in Australia looking to sponsor workers under the TSS 482 visa program are subject to specific financial requirements, particularly concerning the Skilling Australians Fund (SAF) levy. This levy is a training contribution charge designed to support the broader Australian workforce’s training and development. The amount of the levy varies based on the employer’s annual turnover.
Here’s a table summarizing these requirements:
| Annual Turnover of the Business | SAF Levy Requirement for TSS 482 Visa |
|---|---|
| Less than $10 million | $1,200 per employee, paid annually |
| $10 million or more | $1,800 per employee, paid annually |
Less than $10 Million Turnover: Employers with an annual turnover below $10 million are required to pay an upfront annual levy of $1,200 for each employee they sponsor on a TSS 482 visa.
$10 Million and Above Turnover: Larger businesses, with turnovers of $10 million or more per year, have a higher levy rate. They are obliged to pay an upfront annual fee of $1,800 for every employee sponsored under this visa category.
This levy is a crucial part of the sponsorship process and reflects the employer’s contribution to the broader Australian economy, specifically in terms of workforce development and skill enhancement. The differences in levy rates between smaller and larger businesses aim to balance the financial impact relative to the size of the business.
Updates and Guidelines for Transition from Subclass 457 to TSS 482 Visa
As part of the ongoing changes to Australia’s employer-sponsored permanent residency program, the Department of Home Affairs has announced significant updates effective from 25 November 2023. These changes will notably impact the pathway to permanent residency for holders of the Temporary Skill Shortage (TSS) 482 visa.
Key Changes and Guidelines
Permanent Residency Access for Short-Term TSS 482 Visa Holders
From 25 November 2023, those holding a short-term TSS 482 visa can pursue permanent residency through the 186 Temporary Residence Transition (TRT) stream under the ENS visa program.
Sponsorship Transition for Employers
Employers previously approved to sponsor under subclass 457 can now sponsor skilled overseas workers under the 482 TSS visa program.
Options for Secondary Visa Applicants (457 Visa Holders)
Dependents of 457 visa holders can apply for a linked TSS 482 visa. This visa’s validity will align with the primary 457 visa holder’s expiry date. Spouses, partners, and children will have unrestricted work and study rights.
Changing Employers for 457 Visa Holders
If a 457 visa holder wishes to switch employers, a new TSS 482 nomination application is required by the new employer. A new 482 visa application is necessary before the current 457 visa expires.
Changing Occupations or Visa Validity Needs
For changes in occupation or for a new visa with extended validity, a new 482 TSS visa application must be linked to a fresh TSS nomination application.
457 Visa Holders and Permanent Residency
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- Those granted a 457 visa after 18 April 2017 from the MLTSSL list may be eligible for a 4-year visa and can apply for a 186/187 permanent visa after 3 years if sponsored by their employer.
- Holders of a 457 visa in a STSOL occupation can apply for a 2-year 482 visa, followed by another 2-year extension.
Eligibility for 186 Transition Post 2-Year TSS 482 Visa
If not covered by previous arrangements (‘grandfathered’), applicants must be on the MLTSSL list and obtain an additional one-year 482 visa to be eligible for a permanent 186/187 RSMS visa in the same occupation with the same company.
Age Limit for TSS 482 Visa Applicants
There is no age limit for applicants of the TSS 482 visa.
Implications for Specific Occupations
- Occupations like cook and restaurant manager, listed on the STSOL, can be sponsored for 2 years under the 457 visa, with a possible 2-year extension. However, permanent visa eligibility requires inclusion in the MLTSSL list or being in a designated regional area on the TSS ROL list.
- The retail manager role is currently available in regional areas for the 187 visa but is not on the 482 visa Medium to Long Term list.
Eligibility for Student Graduates
Most student graduates may not qualify for temporary or permanent company sponsorship due to the 2-year full-time work experience requirement. However, formal training and work experience acquired on a Student visa may count towards this requirement.
482 Visa FAQ (Frequently Asked Questions)
What is a 482 visa in Australia?
The 482 visa, also known as the Temporary Skill Shortage (TSS) visa, allows Australian employers to sponsor a person from overseas to fill a skilled position for which they can’t find a suitable Australian worker.
How long can you stay in Australia on a 482 visa?
The duration depends on the stream: the Short-Term stream allows up to 2 years (4 years if an international trade obligation applies), the Medium-Term stream up to 4 years, and the Labour Agreement stream varies as per the agreement.
What are the requirements for a 482 visa?
Key requirements include having an employer sponsor, possessing relevant skills and qualifications for the nominated position, meeting English language requirements, and having at least two years of relevant work experience.
Can I bring my family on a 482 visa?
Yes, you can include family members like your spouse and children in your application. They will have rights to work and study in Australia.
Is it possible to transition from a 482 visa to permanent residency?
Yes, holders of the Medium-Term stream can apply for permanent residency after three years. The pathway for Short-Term stream holders is more limited and subject to specific conditions.
What is the processing time for a 482 visa?
Processing times vary depending on the stream and individual circumstances. Generally, it can range from a few weeks to several months.
Are there any English language requirements for the 482 visa?
Yes, applicants are generally required to demonstrate a competent level of English, usually through an approved English language test like IELTS.
Can I change my employer while on a 482 visa?
Yes, but you’ll need your new employer to sponsor you and a new visa nomination must be approved before you can start working with them.
What happens if my 482 visa is refused?
You can review the reasons for refusal and see if they can be addressed in a new application, or you may have options to appeal the decision, depending on the circumstances.
Are there any costs associated with the 482 visa?
Yes, there are costs for both the employer (like the Skilling Australians Fund levy) and the visa applicant (visa application fees). These costs vary based on various factors including the stream of the visa and the length of stay.
