The TSS subclass 482 visa program is the most commonly used pathway for employers to sponsor workers to work in Australia on a temporary basis to fill skilled positions. Analogous to the previously available 457 visa, the TSS 482 visa scheme allows the worker to be employed for a period of up to 4 years, depending on the worker’s occupation.
Employers can be either:
- Australian organisations (including individuals operating businesses)
- Overseas organisations
The process involves:
- The employer applies for or holds a current standard sponsorship agreement with the Department. Certain employers can secure accredited sponsor status, which provides benefits, including priority processing of applications.
- The employer nominates their proposed worker and occupation, by lodging a nomination application. For nomination approval, the employer must demonstrate that the position matches an eligible occupation (discussed below) and will attract a prescribed minimum annual salary (the Temporary Skilled Migration Income Threshold), which must also be at the relevant Annual market salary rate. A signed employment agreement consistent with Australian workplace laws and National Employment Standards is also necessary. It may also be necessary for the employer to complete prescribed Labour Market Testing. In limited cases, the worker can be hired as an independent contractor rather than as an employee.
- The nominated worker lodges a 482 TSS visa application. In some cases, this may not be not required if the worker holds a primary 457 or 482 TSS visa already. For visa approval, the worker will need to show that they meet a number or criteria, including prescribed skills, work experience, English, health and character requirements.
TSS Short-Term Stream versus Medium-Term Stream
The maximum duration for which a TSS 482 visa may be granted will depend on whether the occupation appears on the Short‑term Skilled Occupation List (STSOL) or the Medium and Long‑term Strategic Skills List (MTSSL).
Occupations listed on the STSOL are available for the grant of a TSS visa for a maximum period of 2 years. There are some minor exceptions to this rule if International Trade Obligations apply, in which case a visa of up to 4 years would be available under the STSOL. After this time, the applicant may be limited (with certain exceptions) to one further TSS visa for an occupation listed on the STSOL. Occupations listed on the STSOL are not available for nomination for permanent residency if the position is located outside of regional Australia.
Occupations listed on the MLTSSL are available for the grant of a TSS visa for a maximum period of 4 years. There is no restriction on the number of TSS visas an applicant may apply for if an occupation is listed on the MLTSSL. Occupations listed on the MLTSSL are also available for nomination for permanent residency.
To view the occupations currently listed on both the STSOL and MLTSSL, please see this link:
Labour Market Testing (LMT)
In most cases, employers will need to demonstrate that they have met prescribed LMT requirements, prior to lodging a 482 nomination application.
Please click here to view LMT requirements.
Please follow this link for information on becoming a standard business sponsor for TSS 482 visas and the associated obligations.
Labour Agreement Schemes
As an alternative to the standard business sponsorship agreement, a Labour Agreement is a formal arrangement that allows an eligible employer to sponsor, nominate and recruit workers. This scheme allows for the grant of temporary TSS 482 visas and in certain cases a transition to permanent residency. An employer may consider this option in the following cases:
- The position does not match an eligible occupation under the MLTSSL or STSOL. This includes lower level skilled positions
- Although the position does match an occupation on the STSOL, a transition to a permanent visa in the future is preferred
- The position is located in regional Australia
- The business recruits labour for supply or onhire to unrelated businesses.
There are a variety of Labour Agreements available. Please click here to view more information on Labour Agreements.
How we can help
We provide comprehensive support in relation to sponsorship, nomination and visa applications, to assist the employer and worker to meet Department requirements. This extends to providing assistance with Labour Agreement applications.
Our professional services include:
- Advising on criteria required for approval of the applications
- Devising the most appropriate strategy, having regard to the employer’s and the worker’s background and needs
- Identifying and managing risks associated with the applications
- Providing guidance in relation to Labour Market Testing (LMT) criteria
- Preparing the sponsorship or Labour Agreement, nomination and visa applications
- Assisting the employer and the worker to obtain all necessary supporting documents
- Advising on and assisting with the preparation of the employment offer and contract to satisfy immigration requirements
- Communicating with the Immigration Department on behalf of the employer and the worker until a decision is received
To discuss how we can assist you with advice, and well as in preparing and lodging sponsorship, nomination and visa applications, as well as Labour Agreement applications, for your existing or potential workers under the TSS 482 visa scheme, please click here to contact Visa Lawyers Australia.