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The TSS visa allows employers to address labor shortages by hiring skilled workers when suitable Australian candidates cannot be found. It facilitates the employment of foreign workers to fill temporary skill gaps while ensuring priority for Australian workers. To sponsor an individual under the TSS visa, a business must be a Standard Business Sponsor (SBS) or an Overseas Business Sponsor (OBS).
The application for the TSS visa can be lodged while the applicant is inside or outside of Australia, or while holding a BVA, BVB, or BVC visa.
Effective from March 18, 2018, the 457 visa was replaced by the TSS visa (Subclass 482). The TSS 482 visa consists of three streams: Short-Term, Medium-Term, and Labour Agreement stream.
Step 1: The employer submits a sponsorship application, ensuring they are a legitimate and active business that complies with local labor and employment practices.
Step 2: The employer completes the nomination application, providing information about the position to be filled, salary details, efforts made to hire Australian workers, and the legitimacy of the position. The business must also be financially capable of sponsoring from overseas.
Step 3: The nominated employee then applies for the visa. They must demonstrate that they possess the necessary skills for their occupation, as well as meet health and character requirements.
| Visa Type | Requirements |
|---|---|
|
Medium and Long Term TSS Visa (482 visa) |
👉 Occupation on MLTSSL 👉 Renewable onshore and unlimited times 👉 Pathway to permanent residency (after 2 years) 👉 IELTS 5 (no skill below 5) or equivalent, unless exempt 👉 2 years of relevant work experience required and meet ANZSCO requirements 👉 No age limit 👉 Meet health and character requirements 👉 Employer tests the Australian labour market before an application to sponsor (LMT) 👉 Employer must pay the Australian Market Salary Rate (AMSR) |
|
Short-Term TSS Visa (482 visa) |
👉 Occupation on STSOL 👉 Renewable once onshore (2+2 max in total onshore) + more offshore- you may apply for a 3rd one onshore if you: ➡️ were in Australia as the holder of a SC 482 visa in the Short-term stream for periods that total at least 12 months between 1 February 2020 and 14 December 2021; and ➡️ make that further application before 1 July 2023 unless the Minister specifies a later date. 👉 IELTS overall 5 (no skill below 4.5) or equivalent, unless exempt 👉 Permanent residency pathway from 25 November 2023 through the 186 visa 👉 Show intention of temporary stay (GTE requirement) 👉 2 years of relevant work experience required and meet ANZSCO requirements 👉 No age limit 👉 Meet health and character requirements 👉 Employer tests the Australian labour market before an application to sponsor (LMT) 👉 Employer must pay the Australian Market Salary Rate (AMSR) |
|
TSS 482 Visa -Regional (ROL) |
👉 Occupation on the Regional Occupations list (ROL) 👉 Employer must be in a designated regional area 👉 Renewable onshore and unlimited times 👉 Pathway to permanent residency through the 494 visa and from 25 November 2023 through the 186 visa 👉 IELTS 5 (no skill below 5) or equivalent, unless exempt 2 years of relevant work experience required and meet ANZSCO requirements 👉 No age limit 👉 Meet health and character requirements 👉 Employer tests the Australian labour market before an application to sponsor (LMT) 👉 Employer must pay the Australian Market Salary Rate (AMSR) |
There are three streams available under the TSS 482 visa:
👉 482 Short-term stream – this is for employers to source genuine temporary overseas skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL) for a maximum of two years each time (or up to four years if an international trade obligation applies)
👉 482 Medium-term stream – this is for employers to source highly skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupations List (ROL) for up to four years (each time), with eligibility to apply for permanent residence after three years
👉 482 Labour Agreement stream – this is for employers to source overseas skilled workers in accordance with a labour agreement with the Commonwealth, on the basis of a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available, with the capacity to negotiate a permanent residence option.
At the time of lodging a 482 TSS nomination application, employers will need to select an employment period of up to:
👉 1 year or 2 years for the short-term stream (unless an international trade obligation applies-up to 4 years); and
👉 1 year, 2 years, 3 years or 4 years for the medium-term or labour agreements stream.
TSS 482 visa applicants are required to have worked in the nominated occupation, or a related field, for at least two years to be eligible for a TSS 482 visa. This means if you have recently graduated with a relevant Bachelor’s degree from an Australian university you would generally not qualify for the TSS 482 visa unless you have completed another qualification overseas and have 2 years of experience after that qualification. 482 TSS visa applicants must also meet the ANZSCO Skill Level requirement of your occupation.
Condition 8607 applies to all primary TSS 482 visa holders. It is similar to condition 8107, which was applied to subclass 457 visa holders. Condition 8607 requires TSS 482 visa holders who wish to change occupation (as opposed to employer), to have a new nomination approved and a new visa granted before they start work in a new occupation.
In general, all applicants for a TSS 482 visa (i.e. primary and secondary) can either be inside or outside Australia. If the application is for a Short-term (ST) stream visa, however, the primary visa applicant must be offshore if all of the below apply:
👉 they have held more than one short term stream TSS 482 visa
👉 they were in Australia when the application for their most recent TSS 482 visa was made and
👉 this requirement would not be inconsistent with any international trade obligation (ITO).
Holders of two ST stream TSS 482 visas in a row (where the second application was made in Australia) can apply for a further visa TSS 482 Short Term stream visa offshore. They should, however, be aware that their immigration history may be relevant in terms of whether they are considered to have met the Genuine Temporary Entrant (GTE) requirement for this visa stream.
Employers sponsoring workers for a TSS 482 visa must pay a training contribution charge (known as the Skilling Australians Fund levy):
👉 Businesses with turnover of less than $10 million per year will be required to make)
➡️ an upfront annual payment for each employee on a TSS 482 visa of $1,200
👉 Businesses with turnover of $10 million or more per year will be required to make:
➡️ an upfront annual payment for each employee on a TSS 482 visa of $1,800
Employers must advertise the role on 2 national reaching mediums before offering the position to the overseas applicant (unless an international trade obligation applies). This is to ensure that employers try to find a suitably qualified Australians before they can seek to employ an overseas skilled worker on a TSS 482 visa.
Sponsors seeking to employ an overseas worker will need to demonstrate that they are going to pay the market salary rate to ensure that overseas workers are protected and the local labour market is not undercut. In any case it must be above the Temporary Skilled Migration Income Threshold (TSMIT). This threshold is set by the Department of Home Affairs each year and is $73,150 plus superannuation (from 1 July 2023).
Some occupations are subject to caveats that set a minimum remuneration level that is above TSMIT. For example the occupation of “Marketing Specialist” or “Conference and Event Managers” excludes positions which have nominated annual earnings of less than AUD65,000 or for example the occupation of “Corporate Services Manager” will require the business to have turned over at least AUD 1 Million in the 12 months prior to the nomination application.
👉 The 457 visa was abolished and replaced with the 482 TSS visa.
👉 The Department of Home Affairs has set 25 November 2023 for implementing changes to the employer-sponsored permanent residency program. Once the ENS reforms have been implemented, short-term Temporary Skill Shortage (TSS) 482 visa holders will gain access to permanent residency under the 186 Temporary Residence Transition (TRT) stream of the ENS visa program.
👉 Employers who are already approved standard business sponsors for subclass 457 will be able to sponsor skilled overseas workers under the 482 TSS visa program.
👉 Secondary visa applicants (of 457 visa holders) are able to lodge a subsequent dependent TSS application and if they meet requirements, will be granted a TSS 482 visa linked to their family’s subclass 457 visa/nomination application. The validity period of the 482 visa will match the expiry date of the subclass 457 primary visa holder. Spouses/partners and children included in the 482 TSS visa application will have unrestricted work and study rights.
👉 Subclass 457 visa holders whose visa is not expiring but wish to change employer do not need to apply for a new 482 TSS visa, but need their new employer to lodge a TSS 482 nomination application and link it to your 457 visa. You will need to apply for a new 482 visa before your 457 visa expires to continue working.
👉 Subclass 457 visa holders who wish to change occupation or need a new visa (for example: with longer validity) will need to lodge a new 482 TSS visa application referencing a new TSS nomination application.
👉 If you are granted a 457 visa after 18 April 2017 off the MLTSSL list, it can be granted for 4 years. You will be able to be apply for a permanent 186/187 visa after 3 years on a 457 visa if that company decides to nominate you.
👉 If you already hold a 457 visa in a STSOL occupation, you can apply for a two year 482 TSS visa and a further two year 482 TSS visa onshore.
👉 Can I apply for 186 Transition after applying being on a 2 year TSS 482 Visa? if you are not grandfathered you would need to be on the MLTSSL list and you would need a further one year 482 TSS visa to be eligible to apply for a permanent 186/187 RSMS visa under that occupation with the same company.
👉 I am over 50 years of age, can I still apply for this visa? Yes, there is no age limit for the TSS 482 visa.
👉 Occupations such as cook and restaurant manager are on the STSOL list. While you can still be sponsored for 2 years by a restaurant on the 457 visa and gain another 2 year extension, you can no longer apply for a permanent visa unless it is added to the MLTSSL list or being in a designated regional area and on the TSS ROL list.
👉 Retail manager is still available in regional areas for the 187 visa at the moment but it is not on the 482 visa Medium to Long Term list.
👉 Most student graduates will not be eligible for temporary or permanent company sponsorship as they require at least 2 years full-time work experience. Structured, formal training and work experience on a Student visa may count towards the 2 year work experience requirement.
