Temporary Skill Shortage (TSS) (subclass 482) Visa — An employer’s favorite and definitive pathway to permanent residency for skilled worker.

Australia’s job market is progressing, we have seen industries advancing and the world looks up to Australia as one of the safest countries to work and live in. This image naturally makes Australia as most sought destination for skilled workers to work and further improve their skills. Therefore, it becomes important to explore temporary visa options in Australia which skilled overseas workers can bank on or Australian businesses can rely onto thereby have a solution to address the skill and labour shortage.

Subclass 482 Temporary Skill Shortage (TSS) Visa

TSS (sub-class 482) visa is heavily relied on by Australian businesses to address the labour shortage. The processing time of this visa is significantly quicker compared to other temporary work visas, which typically range from 30 days to 90 days. The processing time depends on various factors like the occupation, industry etc.

This visa allows employers to sponsor skilled workers from overseas in case where they are unable to source suitable skilled worker in Australian labour market for eligible position.

There are primarily two categories under the TSS (sub-class 482) visa: short-term and medium term. The occupation which the businesses want to fill must fall either on the above two streams.

The primarily difference of these two streams is that the short-term stream allows businesses to sponsor skilled worker for up to 2 years whereas the medium stream allows to sponsor up to 4 years.

There are three stages involved in the application process. These three stages are:

1. Standard Business Sponsorship (SBS): In simple terms it is a license granted by the Department of Home Affairs to a business to sponsor overseas skilled worker. This license is valid for up to 5 years, thereby allowing businesses to sponsor overseas skilled workers for up to 5 years.
2. Nomination — In simple terms, once a business has a license, the business must nominate a position within their company and nominate an eligible occupation on a specified list of occupation. The nomination stage is heavily regulated by The Department of Home Affairs and requires extensive compliance and documents in support from the business.
3. Visa Application — The final stage requires the nominated skilled worker to apply for the TSS (subclass 482) visa. The visa applicant has his independent criteria to fulfil before a visa can be granted.

Frequently asked questions for TSS (sub-class 482) visa

WHAT IS THE ELIGIBLITY CRITERIA FOR 482 VISA?

To be eligible for this visa, the skilled worker must:

• Have an eligible occupation on the Department of Home Affairs skilled occupation list either on short-term or medium-term.
• Have a job offer from an Australian business and in some circumstances an overseas entity.
• Have at least 2 years of work experience working in the nominated occupation. i.e., If you have a job offer for Chef, and you are nominated as Chef, you must have at-least 2 years full time of work experience as Chef in the last 5 years.
• Have genuine intention to work in the nominated position.
• Meet the skill required for your nominated occupation.
• Arrange adequate health insurance; and
• Meet health, character, and English requirements.

HOW LONG CAN YOU STAY IN AUSTRALIA WITH THIS VISA?

The period you will be allowed to stay in Australia depends under which stream your occupation falls under.

• If your occupation falls short-term stream: You will be allowed to stay up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies. Hong Kong passport holders may stay up to 5 years.
• If your occupations fall under medium-term stream: Up to 4 years. Hong Kong passport holders may stay up to 5 years.
• Labour agreement stream: Up to maximum 4 years however this depends on the terms of the labour agreement. Hong Kong passport holders may stay up-to 5 years.

IS THERE AN AGE RESTRICTIONS OR ANY EXEMPTION AVAILABLE FOR THE TSS (SUBCLASS 482) VISA?

AGE RESTRICTION

There is no age limit to apply and obtain the TSS (subclass 482) visa. However, the subclass 482 visa has pathway to permanent residency if your occupation is on medium term in form of subclass 186 visa, which is available only before turning 45 years of age unless you qualify for exemption under the 186 visas.

ENGLISH LANGUAGE

The English language requirements for a 482 visa vary depending on the specific stream under which the visa is applied for. There are few English language exemptions available to applicants, these are:

• You have completed at least 5 years of full-time study in a minimum secondary level education.
• You are a passport holder of specific country.
• You are nominated to work for an occupation which will be performed at a diplomatic or consular mission of another country, or an Office of the Authorities of Taiwan located in Australia.
• You are an employee of overseas business who is coming to Australia to work for that company or their associated entity, the position has guaranteed annual earning above a certain figure.
• Your occupation requires you to holder a license, registration, or membership.

WHAT IS THE PROCESSING TIME FOR TSS (SUBCLASS 482) VISA?

Processing time can vary for variety of reasons. The Department of Home Affairs however prioritizes applications which are in critical shortage like nurses, doctors, disability sector. However, the average processing time is between 30 to 90 days.

FINAL COMMENTS

The TSS (sub-class 482) visa is a popular choice for skilled worker and employers. The process is challenging and often overwhelming. Incorrect applications can lead to rejections of the nomination and visa application thereby incurring substantial costs with opportunity to claim refund only in limited circumstances.