Temporary Skill Shortage visa (subclass 482)

482/TSS visa is a temporary residence visa, the visa is valid for 1 to 4 years. The prototype is 457 visa, which was officially changed to 482 visa in March 2018, the full name is Temporary Skill Shortage Visa. There are three types of visas: short-term visas, medium- and long-term visas and labor agreement visas.

To obtain this visa, it is necessary to have an eligible employer nomination. The employer must demonstrate that they cannot find an Australian citizen or permanent resident to fill the position. 482 visa holders can apply for a transfer to the 186 employer guarantee after working for the employer for two years. This is what is referred to as the PR (Permanent Residence) visa.

The 482 visa consists of three main steps: (Steps one, two, and three can be done simultaneously.)

1. The employer obtains sponsorship eligibility.

2. The employer nominates an occupation.

3. The employee applies for the visa.

Step One: How the employer obtains sponsorship eligibility:

Legitimate business operation

***The employer must have a legally operating business. It’s important to note that the business can be based in Australia or overseas. ***

No adverse records: The company, including its responsible officers, should not have any adverse records.

Non-discriminatory recruitment practices: The employer must not engage in discriminatory recruitment practices.

Note: Once the sponsorship eligibility is approved, the employer can sponsor an unlimited number of 482 visa applicants within the validity period of five years.

Documentation proving normal business operations: For established or large companies, this may include financial statements or reports.

Additional documentation for companies operating for less than one year: If the company has been in operation for less than one year, additional materials such as a business plan may be required.

Step Two: Nominatinganoccupation

1. The nominated occupation must be on the relevant occupation list:

1. Short-term visa: Applicable for occupations listed on the Short-Term Skilled Occupation List (STSOL).
2. Medium and long-term visa: Applicable for occupations listed on the Medium and Long-Term Strategic Skills List (MLTSSL).
3. Labour agreement visa: Applicable for applicants who have employer sponsorship through a labor agreement.

2. The employer must conduct Labour Market Testing (LMT):

Advertisements for the position must be published within four months prior to the nomination application.

***It is important to note thatadvertisements posted on classified websites or solely on social media platforms are not accepted. This means that advertisements posted on platforms like Gumtree, Seek, Twitter, Instagram, etc., are not recognized by the immigration authorities. However, applicants from certain countries may be exempted from this requirement, such as China (excluding Hong Kong, Macau, Taiwan), Japan, Vietnam, etc.

3.The employer must pay the annual market salary rate (AMSR) based on the market rate for the nominated occupation.

The minimum annual salary requirement is AUD 70,000, and the salary offered must not be lower than that of local employees in the same company.

4. The nominated position must be genuine.

This is of utmost importance when applying for a 482 visa. Based on numerous cases of visa refusals that we have come across, 60% of rejections were due to the position not being genuine, also known as a Genuine Position.

The immigration authorities consider the following factors when assessing the genuineness of the nominated position:

1. The nominated position should align with the company’s business scope and scale..

For example, it would be mismatched for a restaurant or massage parlor to nominate an accountant. Similarly, if a company has high revenue but only incurs a few thousand Australian dollars in marketing expenses annually, it would be unreasonable for the company to nominate a marketing officer.

It’s important to note that TSS nominations must strictly adhere to the ANZSCO job duty requirements. If the company employs a marketing officer who also handles sales and other administrative tasks, it would not meet the position requirements and the nomination application may not be approved.

2. The nominated position should be essential for the company’s operations.
3. Is the position newly created? If it’s an existing position, has the company recently had any employees leave?
4. If it’s a new position, are there supporting documents to demonstrate business growth?

These questions need to be carefully addressed in the nomination application to alleviate the concerns of the visa officer.

Step Three: Applying for the 482 Visa

In addition to the requirements that the employer must meet, the applicant also needs to fulfill certain criteria to be eligible to apply for a 482 visa. These requirements include:

• The applicant must have at least two years of full-time work experience highly relevant to the nominated occupation.
• For occupations listed on the Short-Term Skilled Occupation List (STSOL), the minimum IELTS requirement is an overall score of 5, with no band score below 4.5.
• For occupations listed on the Medium Long-Term Skilled Occupation List, the minimum IELTS requirement is an overall score of 5, with no band score below 5.

Conclusion:

It is advisable for everyone applying for a 482 visa to have a thorough understanding of the sponsoring company. It is important to conduct proper research and gain comprehensive knowledge to avoid any unnecessary losses or complications.