Temporary Skill Shortage Visa (Subclass 482)
Over the years, Australia’s skilled visas have been playing an important role in developing the nation’s economy. This continues to be reflected in the migration planning level for program year 2021 – 22, where skilled visas are given most places to address skill shortages.
Amongst all skilled visas, employer sponsored visas are perhaps one of the most popular, with its ability to match overseas employees with Australian employers struggling with vacancies. This usually starts with Subclass 482 Temporary Skill Shortage Visa, also commonly known as the TSS visa.
visa - streams
As of March 2022, there are 3 streams under subclass 482 temporary skill shortage visa:
- Short-term stream
- Long-term stream
- Labour agreement stream
The overall 482 visa requirements and application process are quite similar among these streams. Details and differences are detailed below.
The short-term stream of subclass 482 temporary skill shortage visa Australia refers to applications nominating occupations on Short-term Skilled Occupation List (STSOL). This is usually a 2-year visa with the possibility of renewing onshore once. If you hold certain passports, or when certain international trade obligations apply, you can get a longer visa validity.
Previously, there was no 482 visa to PR pathway for short-term stream visa holders. However, this is soon to be changed as per an announcement from Immigration Minister Alex Hawke, as part of Australia’s recovery from COVID.
There are 3 steps involved:
- Sponsorship – The employing business applies for a standard business sponsorship (SBS). Once approved, the business is legally allowed to employ overseas workers on a sponsored visa. Key eligibility is for the business to operate lawfully and actively in Australia.
- Nomination – The sponsoring business nominates a currently vacant position. This position must be aligned with an occupation in the TSS visa occupation list STSOL. 28 days of labour market testing (LMT), which involves advertising as per Department of Home Affairs’ standards.
- Visa Application – Once sponsorship and nomination applications are submitted, the prospect employee submits a Subclass 482 Temporary Skill Shortage visa application. Key 482 visa requirements include:
English proficiency (subclass 482)
Skills assessment if required
Character and health
Minimum 2 years of work experience and/or suitable training (formal education or employment)
A genuine temporary short-term visa holder
This stream of the employer sponsored visa 482 has been a more desired pathway for people looking for permanent residency, due to the possibility of 482 to 186 visa. Whilst the overall 3-step process is the same as the above-mentioned short-term stream, there are some key differences:
- 482 visa English requirements: Applicants for long-term stream are required to provide a slightly higher English score.
- No requirements on being a genuine temporary short-term visa holder
- The nominated occupation must be on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation list (ROL)
- Visa validity can go up to 4 years, or 5 years if you hold certain passports.
Whilst several occupation lists and streams exist within the employer sponsored visa 482, it is not always possible for it to cater for the fast-evolving global workforce. If there is a big project or a critical shortage for an occupation not on any of the eligible occupation lists, the employing business can negotiate a labour agreement with the Department of Home Affairs.
The negotiation of a labour agreement essentially replaces the sponsorship application stage as mentioned above, which is then followed by nomination and visa applications. Labour agreements are usually valid for 5 years, with ceilings limiting the number of 482 visa Australia employers can sponsor each year. Ceilings may also need to be negotiated on a yearly basis too.
Labour agreement negotiation can be complicated with lots of specific supporting evidence required in addition to the standard sponsorship visa process. 9 templated labour agreements are in place for industries such as dairy, fishing, and on-hire, with the latest addition being horticulture. Other types of labour agreements include:
- Company Specific
- Designated Area Migration Agreements (DAMA) – see participating regions here
- Global Talent Employer Sponsorship
The 482 visa requirements for labour agreement stream largely mirrors the long-term stream requirements. However, it may be possible for the prospective employer to negotiate some concessions with the Department on certain eligibility requirements, such as English, skills and/or salary.
Lastly, TSS visa to PR is possible only if this has been negotiated in the labour agreement.
482 Visa Conditions and sponsorship obligations
482 Visa Conditions
Similar to most temporary visas, 482 visa are also imposed with very strict conditions, including but not limited to:
- Must not cease employment with Subclass 482 visa sponsor for more than 60 consecutive days
- Must only work in your nominated occupation
- Continue holding adequate health insurance
Whilst it is possible for employer sponsored visa 482 to change employers, the employment can only commence once a nomination transfer application is approved.
Sponsors are also bound by an extensive list of sponsorship obligations, these obligations include but are not limited to:
- Not recovering certain costs from visa applicants, such as the training levy
- Financial obligations in relation to 482 visa holders
- Must continue paying market rate approved in the nomination application
- Mandatory reporting for certain events
- Equal employment terms and conditions
A breach of visa conditions and/or sponsorship obligations can lead to severe consequences such as visa cancellation, enforceable undertakings and civil penalties. It should also be noted that the Department has a dedicated monitoring unit for this purpose.
These conditions and obligations ensure that:
- Foreign workers are not exploited in Australia, with job and income security for the duration of the visa.
- Sponsors can have some level of employee retention, whilst still being fair to the sponsored visa holders.
VEVS Global is your temporary skill shortage visa 482 expert
482 visa is a complex process, which can be costly for both employers and visa applicants if not properly handled. VEVS Global has extensive experience in employer sponsored visa applications, with a proven track record assisting local businesses with sponsorship for employment, as well as individuals seeking a sponsorship visa.
For corporate clients, VEVS Global can:
- Review current workforce vacancy and identify most suitable occupations for nomination
- Manage group applications for multiple vacancies
- Provide visa planning and solutions for intra-company transfer and overseas secondment
- Review candidate credentials for chance of success with Subclass 482 visa
- Prepare, compile and submit sponsorship and nomination applications, including management of labour market testing advertisements, reviewing and preparing for submission to address genuine need specific to temporary skill shortage visa
- Audit and review company information to ensure compliance with sponsorship obligations, both pre and post sponsorship visa approval.
For individual clients with a prospective employer, VEVS Global can:
- Review individual circumstances against the nominated occupation, to ensure that 482 visa requirements can be met
- Review employer circumstances to ensure sponsorship for employment can be obtained
- Prepare, compile and submit 482 visa application
- With sponsor’s consent, review and plan pathway for 482 visa to PR.
- Compliance with 482 visa conditions
Australia has re-opened its border to all visa holders. Now is the perfect opportunity for both job seekers and employers with shortages to start the TSS 482 visa process, so talk to VEVS Global’s visa team today and get the ball rolling!