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Temporary Skills Shortage

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WHO CAN APPLY FOR THIS EMPLOYEE SPONSORED VISA (482 VISA)?

Both Australian and overseas businesses are able to sponsor employees to work in Australia through the subclass 482 Temporary Skill Shortage(TSS) visa programme. The subclass 482 TSS visa allows visa holders to work in Australia for either 2 or to four years, depending on whether the nominated occupation is on the Medium Long Term Skill Shortage List (MLTSSL) (up to 4 years) or Short Term Skill Occupation List (SSTSOL) ( up to 2 years).

The Temporary Skill Shortage subclass 482 visa allows the visa holder to travel in and out of Australia and work in Australia only for the nominating employer in the nominated position. Eligible dependents (family members) of subclass 482 TSS visa holders are also able to live, work and study in Australia during this period as well.

TO BE ELIGIBLE TO BE GRANTED A TSS VISA , 3 DISTINCT APPLICATIONS MUST BE LODGED –

Apply for and be approved as a standard business sponsor ( SBS)
Nominate the occupation and candidate you wish to employee
Apply for the subclass 482 TSS visa.

SPONSORSHIP

To sponsor an employee to work in Australia, businesses must apply to be approved to be Standard Business Sponsors and this approval lasts for 5 years. A business can nominate chosen individuals after acquiring sponsorship approval, however there are certain conditions that must be met.

TO BE APPROVED AS A STANDARD BUSINESS SPONSOR, BUSINESSES MUST ESTABLISH THAT

-The business is lawfully and actively operating, whether that be onshore or offshore of Australia.

-The business is financially viable and has a genuine need for the nominated occupation.

-There is no adverse information known about the business.

– Application for approval of Accredited Status can also be applied for if criteria are met.

NOMINATION

After applying for approval as a standard business sponsor, a business can nominate the occupation and the applicant they would like to employ in the position for a subclass TSS visa.

The nomination application must show that:

  • The position the applicant is being nominated for is genuine given the size, scope and nature of the business operations.
  • Labour Market Testing (LMT) has been undertaken for at least 28 days in the 4 months preceding the date of lodging the nomination application. Through conducting LMT the business must show that there is no suitably qualified Australian citizen, permanent resident or temporary visa holder available in Australia to fill the nominated position
  • Market level salary is being paid to the nominated employee, and this is above the minimum salary threshold (TSMIT) that is they are paid on terms no less favourable than would be paid to an Australian employee working in the same role.
  • All applicable caveats, or in applicability conditions are met. As examples,these conditions can relate to minimum salary, size of the business or its turnover or the occupation being in regional Australia.

NATIONAL TRAINING CONTRIBUTION CHARGE (NTCC)

The NTCC replaced the old obligation to meet training benchmarks for employers sponsoring workers on subclass 482 TSS visa, ENS subclass 186 permanent visas and RSMS subclass 187 permanent visas and apply as set out below.

  • Businesses with turnover of less than $10 million per year will be required to pay:
  • $1,200 per year for each year of nomination of an overseas worker for a subclass 482 TSS Visa.
  • $3,000 for nomination of a permanent employee
  • eg if you are nominating an employee for an occupation on the STSOL for 2 years, you must pay 2 x $1200. If the occupation is on the MLTSSL and you seek a subclass TSS visa for 4 years, you must pay 4 x $1200.
  • Businesses with turnover of more than $10 million per year will be required to pay:
  • $1,800 per year for each year of nomination of an overseas worker for a subclass 482 TSS Visa.
  • $5,000 for nomination of a permanent employee
  • eg if you are nominating an employee for an occupation on the STSOL for 2 years, you must pay 2 x $1200. If the occupation is on the MLTSSL and you seek a subclass TSS visa for 4 years, you must pay 4 x $1800.

SUBCLASS 482 TSS VISA APPLICATION

Lastly, the application for the subclass 482 (TSS) visa may be lodged by the prospective employee. This application can be lodged at any time after lodgement of the nomination and within 12 months of approval of the nomination application. To be successful, the application must demonstrate that the employee:

  • Has at least 2 years working experience in the nominated occupation, or a related field noting that this is a time of decision requirement and can be met at any time before a decision on the visa application
  • Has the necessary formal qualifications, or work experience in lieu of qualifications, for the role as described by the Australian New Zealand Standard Classification of Occupations (ANZSCO)
  • If applicable, depending on the nominated occupation and passport of the applicant, have, or have applied for a formal skills assessment.
  • Meets the TSS visa English language requirements – for example STSOL occupations overall 5 in IELTS, no individual score less than 4.5; MLTSSL occupations overall 5 in IELTS, no individual score less than 5
  • Meet character requirements and provide police certificates from all countries you have lived in for more than 12 months in last 10 years
  • Meets TSS visa health requirements
  • Hold suitable health insurance.

CONDITIONS

The duration of the subclass 482 visa is dependent on whether it is contained in either the Short-Term Skilled Occupation List (STSOL) or Medium and Long-Term Strategic Skills List (MLTSSL)

  • For occupations listed on the STSOL, the maximum duration of the 482 visa is 2 years, with the possibility of renewing for a further 2 years in Australia, or outside of Australia if seeking a 3rd TSS visa.
  • Occupations on the MLTSSL are eligible for subclass 482 visas up to 4 years.
  • Your subclass 482 TSS visa also attaches a condition limiting work only for the last nominating employer in the nominated occupation unless it is a prescribed occupation (eg CEO; Doctor). Under DIBP policy, you have 60 days after ceasing work to lodge a new nomination or face potential visa cancellation.

MOVING TO A PERMANENT VISA – TRANSITIONAL RESIDENCE PATHWAY (TRP)

  • All 457 visas holders at 18 April 2017, or 457 visa applicants who had lodged on or before 18 April 2017, can apply for a subclass 186 permanent residency visa via the TRP accepting that they meet he law in effect at 18 April 2017 (under 45, 6+ in IELTS, 2 of the last 3 years working for the nominating employer on a 457 visa)
  • All subclass 457 holders that applied for the 457 visa after 18 April 2017, and all subclass 482 TSS visas can only apply for a permanent subclass 186 visa if there occupation is on the MLTSSL and meet applicable law in effect at or after that date of application (3 of last 4 years on a subclass 457 applied for before 18 April 2017 / subclass 482 visa working for the nominating employer, under 45, 6+ in IELTS)
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Turner Coulson Immigration Lawyers?

Turner Coulson’s legal professionals have decades of experience championing the most complex employment-related visa cases. As the 482 and 186 / 187 visa regimes continue to undergo significant changes, we are best placed to give you timely, expert advice to help you navigate the Australian immigration system. Here at Turner Coulson, we pride ourselves on achieving positive outcomes for our clients and you can rest assured that we will handle your visa application to the highest professional standards.

We will assess your situation on an individual basis and provide you with the best advice to make your stay in Australia hassle-free.

What to do next and how to apply?

Getting the right advice upfront is essential so contact for a free no obligation discussion with one of our advisors who are ready and waiting to assist you applying for your visa.

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