Temporary Skill Shortage Visa (Subclass 482)

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On 18 March 2018, the 457 visa was abolished and now replaced with the TSS visa (Subclass 482)

Temporary Skill Shortage Visa (TSS 482 Visa)

Under Line

On 18 March 2018, the Temporary Skill Shortage (TSS) (Subclass 482) Visa was introduced and it replaced the Temporary Work (Skilled) (Subclass 457) Visa which was abolished on the same date. The condition of this new TSS visa is quite similar to the 457 visa but the requirments and process is different. There were 651 occupations on the 457 list but only 461 occupations on the TSS list remains as of 18 March 2018.

The requirement of TSS 482 Visa

    • Age – no age requirement

 

 

    • Have complied with previous visa conditions
      • The applicant must have substantially complied with any conditions imposed on his/her last substantive visa or bridging visa held (onshore).

 

    • Be nominated by an approved sponsor
      • The proposed employer (Standard Business Sponsor) will have to submit a nomination application on behalf of the applicant .

 

    • What is Standard Business Sponsor
      • Legally established and currently operating business
      • Have NO adverse information regarding the business
      • Additional requirements for businesses in Australia

 

      • The proposed employer must have nominated the applicant to fill an occupation specified on the Short-Term Skilled Occupation List (STSOL).

     

    • Nominating employer
        • You must be employed (Australian employer):
          • in your nominated occupation and
          • in that business or an associated entity

       

      • You must be employed (overseas employer):
        • in your nominated occupation and
        • in that business only (not an associated entity)

 

    • Have relevant skills, qualifications and employment background to perform occupation
      • For the primary visa applicant, the applicant must demonstrate that he/she has the skills and experience necessary to perform the nominated occupation.
      • Medical Practitioners – For a medical practitioner, the applicant must have his/her qualifications recognised by the relevant authority in Australia for the registration of medical practitioners as entitling you to practise as a medical practitioner.

 

    • Have  2 years experience in the nominated occupation
      • The applicant must have at least 2 years relevant work experience in the nominated occupation.
      • The period does not need to be continuous. Equivalent part time work os OK but NO casual work.

 

    • Skills assessment
      • Some primary TSS visa applicants must undergo a mandatory skills assessment as part of the visa application process
      • You might be eligible to claim an exemption.
    • Health insurance – the applicant must have a adequate health insurance

 

    • Health requirement – the applicant must provide the result of health examination (within 12 months)

 

    • Character requirement
      • If  the applicant is sponsored by an accredited sponsor, the applicant is not required to obtain police certificates from countries other than Australia. This is because   the accredited sponsor confirming that  the applicant is of good character and that the applicant has not been convicted of any criminal offences.

 

    • Be a genuine applicant for entry and stay as a short term visa holder
      • The applicant must prove a genuine entry and stay in Australia as a short term visa holder. It is important to show  a genuine intention to stay in Australia temporarily.

 

    • Have not contravened ‘paying for visa sponsorship’ legislative provisions
      • The applicant must NOT  pay  for visa sponsorship, asking for, offering, receiving or providing a benefit in return for a sponsorship whether the event occurs or not. The applicant or any secondary applicants must not have, in the past 3 years, engaged in any such misconduct.

 

  • English language – must have a certain level of English skills (IELTS/PTE etc)
  • No records of visa refusal or cancellation
  • Have no debt to the Australian government
  • Sign the Australian values statement

Process

3 TSS Visa Streams

  1. Short-Term stream: For an applicant from Short Term Skilled Occupations List (STSOL), the applicant can be nominated for up to two years with the option for only one onshore renewal.
  2. Medium-Term stream:  For an applicant from the Medium & Long-Term Strategic Skills List (MLTSSL), the applicant can be nominated for up to 4 years with option for renewal. This option is used as a pathway to PR after 3 years on TSS visa.
  3. Labour Agreement stream

The TSS subclass 482 visa process has three stages:

  1. Sponsorship stage: The employer applies to be a sponsor and proves that they need to employ skilled employees from overseas.  When the sponsorship is approved, it is valid for 5 years.  There is an easier process for existing sponsors to renew their sponsorship, this is different from the 457 visa.
  2. Nomination stage: The employer nominates the nominee it wishes to employ.
  3. Application stage: The prospective employee applies for the nomination that had been nominated for that person.

SAF

Must Meet Standard Requirements and Other Accreditation Characteristic

The employer is lawfully operating a business and has a need to employ skilled employees from overseas.

  1. Not engage in discriminatory recruitment practices
  2. Sponsorship is valid for 5 years
  3. Easier process for existing sponsors to renew sponsorship
  4. Becoming accredited sponsors

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