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Temporay Skill Shortage Visa

Overview

The TSS 482 visa allows employers to address labor shortages by hiring skilled workers when they are unable to find suitably qualified Australians. This visa helps businesses fill temporary skill gaps while ensuring that Australian workers are given priority. Holders of the 482 TSS visa can work in Australia in their nominated occupation and may also have a pathway to permanent residency.

Visa Streams

Short-term Stream

For occupations on the Short-term Skilled Occupation List (STSOL). Visa term: up to 2 years (4 years if international trade obligation applies).

Medium-term Stream

For critical skills on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupations List (ROL), granting up to 4 years with a pathway to permanent residency after 3 years.

Labour Agreement Stream

Available for employers with a government labour agreement, aimed at addressing specific skill shortages not met by the Australian market.

Application Steps

  1. Sponsorship Application: The employer submits a sponsorship application to demonstrate active and lawful business operations.
  2. Nomination Application: This step involves proving the genuine need for the position, along with details about salary and efforts to hire Australian workers.
  3. Visa Application: The nominated employee applies, demonstrating skills and meeting health and character requirements.

Comparison: Medium & Long-Term 482 TSS Visa vs. Short-Term 482 TSS Visa vs. Regional TSS Visa

Feature Medium & Long-Term TSS Visa Short-Term TSS Visa Regional TSS Visa
Occupation List Medium and Long-term Strategic Skills List (MLTSSL) Short-Term Skilled Occupation List (STSOL) Regional Occupations List (ROL)
Renewability Unlimited onshore renewals Once onshore (2+2 years) with possible offshore renewals. Eligible for a third onshore renewal under specific conditions (until July 2023) Unlimited onshore renewals
Permanent Residency Pathway Eligible after 2 years Available through the 186 Visa from Nov 2023 Available through the 494 and 186 visas from Nov 2023
English Requirement IELTS 5 overall (no skill below 5) IELTS 5 overall (no skill below 4.5) IELTS 5 overall (no skill below 5)
Temporary Stay Requirement Not specified Genuine Temporary Entrant (GTE) required Not specified
Work Experience 2 years, must meet ANZSCO requirements 2 years, must meet ANZSCO requirements 2 years, must meet ANZSCO requirements
Age Limit No age limit No age limit No age limit
Health and Character Requirements Must meet both Must meet both Must meet both
Labour Market Testing (LMT) Required Required Required
Salary Requirement Must meet the Australian Market Salary Rate (AMSR) Must meet the Australian Market Salary Rate (AMSR) Must meet the Australian Market Salary Rate (AMSR)

Employment Periods

For the Short-term stream, employment can be for 1 or 2 years (up to 4 years if international trade obligation applies). For the Medium-term and Labour Agreement streams, periods can be 1, 2, 3, or 4 years.

Employee Requirements

  1. Work Experience:

    To be eligible for a TSS 482 visa, applicants must have at least two years of relevant work experience in their nominated occupation or a related field. This requirement means that recent graduates with a relevant Bachelor's degree from an Australian university typically do not qualify unless they have completed another qualification overseas and gained two years of work experience afterward. Additionally, applicants must meet the ANZSCO Skill Level requirement for their occupation.

  2. Condition 8607:

    Condition 8607 applies to all primary TSS 482 visa holders. Similar to the previous condition 8107 for subclass 457 visa holders, this condition mandates that TSS 482 visa holders wishing to change occupations (as opposed to employers) must have a new nomination approved and a new visa granted before starting work in a new occupation.

  3. Repeat TSS 482 Visas:

    Generally, applicants for a TSS 482 visa can apply from either inside or outside Australia. However, for the Short-term (ST) stream visa, the primary visa applicant must be offshore if:

    • 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.

    This requirement does not conflict with any international trade obligations (ITO). Holders of two consecutive ST stream TSS 482 visas (where the second application was made in Australia) may apply for a further ST stream visa offshore, though immigration history may be reviewed to determine compliance with the Genuine Temporary Entrant (GTE) requirement.

  4. 2-Year Work Experience Requirement:

    Applicants must have at least two years of relevant work experience in their nominated occupation or a related field to qualify for the TSS 482 visa.

  5. Skilled Occupation:

    Applicants must be nominated to work in an occupation listed on the eligible short-term, medium- and long-term, or regional skilled occupations lists.

  6. English & Skills Assessment:

    In some cases, applicants may be required to undergo a relevant skills assessment and meet specific English language requirements to qualify for the TSS 482 visa.

Employer Requirements

  1. Training Contribution Charge (SAF Levy):

    Employers sponsoring workers for a TSS 482 visa must pay the Skilling Australians Fund (SAF) levy based on annual turnover:

    • Turnover less than AUD 10 million: AUD 1,200 per employee on a TSS 482 visa.
    • Turnover AUD 10 million or more: AUD 1,800 per employee on a TSS 482 visa.
  2. Labour Market Testing (LMT):

    Employers must advertise the role on two nationally-reaching platforms before offering the position to an overseas applicant, unless an international trade obligation applies. This ensures attempts to find a qualified Australian worker first.

  3. Salary Level:

    Sponsors must demonstrate that the market salary rate will be paid, protecting the local labor market. The salary must be above the Temporary Skilled Migration Income Threshold (TSMIT), currently set at AUD 70,000 plus superannuation (as of 1 July 2023).

    • Certain occupations have additional requirements. For instance, “Marketing Specialist” and “Conference and Event Managers” require a minimum annual earnings of AUD 65,000, while “Corporate Services Manager” mandates a business turnover of at least AUD 1 million in the 12 months before nomination application.

Transition from Subclass 457 to TSS Visa

The 457 visa has been abolished and replaced with the 482 Temporary Skill Shortage (TSS) visa. Starting November 25, 2023, changes to the employer-sponsored permanent residency program will allow short-term TSS 482 visa holders to qualify for permanent residency through the 186 Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) visa program.

  1. Standard Business Sponsors: Employers previously approved as standard business sponsors under the 457 visa can now sponsor skilled overseas workers under the 482 TSS visa program.
  2. Dependents: Secondary visa applicants (dependents of 457 visa holders) may apply for a dependent TSS visa. If requirements are met, they will receive a TSS 482 visa linked to the primary 457 visa holder's nomination, with unrestricted work and study rights. The 482 visa’s validity aligns with the primary 457 visa expiration date.
  3. Changing Employers: 457 visa holders wishing to change employers before their visa expires can have their new employer submit a TSS 482 nomination linked to the 457 visa. No new 482 visa application is necessary until the 457 visa expires.
  4. Occupation Changes: 457 visa holders seeking to change occupations or extend their stay will need a new TSS 482 visa application with a new TSS nomination.
  5. MLTSSL Occupations: 457 visa holders granted after April 18, 2017, under the Medium and Long-term Strategic Skills List (MLTSSL) can hold a four-year visa. After three years, they may apply for a permanent 186/187 visa if their employer nominates them.
  6. STSOL Occupations: 457 visa holders in occupations listed on the Short-term Skilled Occupation List (STSOL) are eligible for a two-year 482 TSS visa, with a possible two-year onshore extension.

Common Questions

  1. Can I apply for a 186 Transition after being on a 2-year TSS 482 visa?

    If you are not grandfathered, you would need to be on the MLTSSL list. Additionally, you would need to obtain another one-year 482 TSS visa to be eligible for a permanent 186/187 RSMS visa under that occupation with the same employer.

  2. 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.

Considerations and Consequences

  • Occupations such as cook and restaurant manager, which are on the STSOL list, can still be sponsored for two years under the 457 visa and extended for another two years. However, you will no longer be able to apply for a permanent visa unless your occupation is added to the MLTSSL list or you are in a designated regional area and listed under the TSS ROL.
  • Retail manager positions remain available in regional areas for the 187 visa but are not on the 482 visa Medium to Long Term list.
  • Most student graduates may not qualify for temporary or permanent company sponsorship because they require at least two years of full-time work experience. However, structured, formal training and work experience gained while on a student visa may count towards meeting the two-year work experience requirement.