The Subclass 482 Temporary Skill Shortage (TSS) visa enables employers to sponsor skilled overseas workers to fill job roles that cannot be filled locally.
• Duration of Visa: Up to 2 years (Short-term stream), and up to 4 years (Medium-term and Labour Agreement streams).
• Primary Requirements: Approved sponsor, occupation on eligible lists, minimum of 2 years post-qualification work experience, English proficiency.
• Pathway to Permanent Residency: Potential pathway to permanent residency after fulfilling certain conditions (post-November 2023 changes).
3 crucial steps to obtaining a subclass 482 visa
The subclass 482 visa application process involves three steps:
1. Employer Sponsorship
Employers must apply to become approved sponsors. This involves:
• Providing evidence of lawful business operations.
• Demonstrating a stable financial position
• Being transparent with past hiring practices and outlining future recruitment plans
2. Nomination
Once an employer is approved, they must nominate the overseas worker for a specific role. This step involves:
• Proving the position is genuine and necessary.
• Ensuring that the salary meets the Temporary Skilled Migration Income Threshold (TSMIT) (currently at $73,150 per annum) or annual market salary rate, whichever that is higher.
• Labor market testing to show that the role could not be filled by an Australian worker (where international trade obligations do not apply).
3. Visa Application
The applicant must submit the visa application and provide:
• Evidence that they meet all eligibility criteria, including English proficiency, 2 years of post-qualification work experience (full-time preferred), and health/character requirements.
• Skills assessments for certain occupations as required.
Visa Conditions and Duration
Subclass 482 visa holders are required to adhere to the following conditions:
Work Restrictions
• Visa holders are limited to working only for their sponsoring employer.
• They must work in the occupation for which they were nominated.
• If they wish to change employers, a new nomination must be submitted and approved.
Visa Condition 8607
• Visa holders must commence work within 90 days of arrival (or visa grant if onshore).
• Employment gaps of more than 180 consecutive days are not permitted.
Health Insurance
Subclass 482 visa holders must maintain valid health insurance (OVHC) throughout their stay. Failure to comply may result in visa cancellation.
Duration
• Short-term stream: Up to 2 years (4 years if international trade obligations apply).
• Medium-term stream: Up to 4 years.
• Labour Agreement stream: Up to 4 years (or as specified in the agreement).
Pathways to Permanent Residency
The Subclass 482 visa can provide a pathway to permanent residency through the Employer Nomination Scheme (ENS) subclass 186 visa.
Eligibility for ENS Visa
• Visa holders in the Medium-term stream may be eligible for permanent residency after 2 years of working for their sponsoring employer.
• Age Limit: An age limit of 45 applies, although there are exemptions for certain occupations and circumstances.
• Employer Nomination: The employer must nominate the visa holder for permanent residency.
Employer Obligations and Costs
Employers who sponsor Subclass 482 visa holders must meet specific obligations, including:
1. Sponsorship Obligations
• Maintain proper records of the visa holder’s employment.
• Cooperate with government inspectors to ensure compliance.
• Ensure that visa holders receive equivalent terms and conditions as Australian employees.
2. Skilling Australians Fund (SAF) Levy
Employers must pay a levy when nominating a worker for a TSS visa:
• For businesses with an annual turnover of less than A$10 million: A$1,200 per year.
• For businesses with an annual turnover of A$10 million or more: A$1,800 per year.
3. Return Travel Costs
If requested in writing, employers are responsible for covering the reasonable travel costs for the visa holder (and their family) to return to their home country.
Upcoming Changes
Several important changes, expected to come into effect in late November 2024, will broaden the scope of the TSS visa program and provide more opportunities for both local employers and skilled international workers.
From 23 November 2024 onwards, the work experience requirement for the subclass 482 visa applicant will be reduced from 2 years to 1 year for all streams. This change will enable visa applicants to apply for their visas sooner.
The Australian government has also announced plans to introduce a new "Skills in Demand" visa, which will replace the current TSS visa program by the end of 2024. This visa will focus on attracting workers in industries facing chronic skill shortages and will offer more streamlined pathways to permanent residency. Proposals have been made by Jobs and Skills Australia to remove certain occupations from the skilled occupation list for the "Skills in Demand" visa. This is by no means final, but may be indicative of what is to come.
Compliance and Consequences
Both employers and visa holders must adhere to the conditions of the Subclass 482 visa to avoid penalties:
• Visa Cancellation: Non-compliance with visa conditions, such as failure to maintain health insurance or breaching work restrictions, may result in visa cancellation.
• Barred from Future Applications: Visa holders who fail to comply with conditions may be barred from future visa applications, affecting their ability to remain in Australia.
• Employer Penalties: Employers who fail to comply with their obligations may be barred from sponsoring future visa holders or face significant fines.
It is important for both visa holders and employers to stay informed about their obligations and report any changes in circumstances (e.g., changes in employment status) to the Department of Home Affairs immediately.
Practical Aspects of Moving to and Working in Australia
1. Cost of Living
Research the cost of living in your intended city, as major Australian cities such as Sydney and Melbourne can be expensive. Regional areas may offer more affordable living options.
2. Accommodation
Plan for temporary accommodation upon arrival, as long-term rental properties often require a rental history, which new arrivals may not have.
3. Banking
Set up an Australian bank account before arriving in the country. Most major banks allow international clients to open accounts remotely.
4. Tax File Number (TFN)
Apply for a TFN soon after arriving in Australia. This is necessary for tax purposes and to avoid emergency tax rates.
5. Medicare
If eligible (for example, citizens from countries with reciprocal healthcare agreements), register for Medicare for access to Australia’s public healthcare system.
6. Superannuation
Australia’s retirement system requires employers to contribute to a superannuation (pension) fund for their employees. Understand how this works and how you can access your super if you leave the country.
5. Processing Times
Visa processing times may be longer than expected, which can affect start dates for employment. Employers and applicants should factor in possible delays when planning their timelines.
Importance of Professional Advice
Immigration law is complex, and the rules governing the Subclass 482 visa and pathways to permanent residency are subject to frequent changes. While this guide provides a general overview, applicants and employers should consider seeking professional advice, particularly in the following circumstances:
• Unusual cases, such as family members with specific health conditions.
• If you are unsure of your eligibility for a specific visa stream.
• If you have had previous visa refusals or cancellations.
• Employers new to the sponsorship process, especially those with complex business structures
Professional advice can help navigate the application process, avoid costly mistakes, and ensure compliance with immigration law.
The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice for information that is specific to your situation, please contact us.
