TSS 482 Visa (Temporary Skill Shortage Visa)

From 18 March 2018, the 457 visa was abolished and replaced with the TSS visa (Subclass 482). The TSS 482 visa is comprised of a Short-Term stream and Medium-Term stream:

You must be sponsored by an approved business. A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work.

You can be in or outside Australia​ when you lodge your application.

The TSS 482 visa involves a three-step process:

Step 1: a sponsorship application by the employer (the employer needs to be a lawfully operating business, meet local labour and employment practices, be viable to sponsor from overseas)

Step 2: a nomination application for a skilled position by the employer (that the position is genuine, how the position became vacant, newly created position)

Step 3: a visa application by the nominated employee

Medium TSS Visa vs Short TSS Visa

Medium and Long Term TSS Visa (482)
Short-Term TSS Visa (482)

3 Streams

There are three streams available under the TSS 482 visa:

  • Short-term stream – this is for employers to source genuine temporary overseas skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL)1 for a maximum of two years (or up to four years if an international trade obligation applies)
  • Medium-term stream – this is for employers to source highly skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL)*1 for up to four years, with eligibility to apply for permanent residence after three years
  • Labour Agreement stream – this is for employers to source overseas skilled workers in accordance with a labour agreement with the Commonwealth, on the basis of a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available, with the capacity to negotiate a permanent residence option.

At the time of lodging a TSS nomination application, employers will need to select an employment period of up to:

  • 1 year or 2 years for the short-term stream (unless an international trade obligation applies); and
  • 1 year, 2 years, 3 years or 4 years for the medium-term or labour agreements stream.

Work experience requirements for the TSS 482 visa

As per the Government’s announcement, TSS visa applicants will be required to have worked in the nominated occupation, or a related field, for at least two years. Work experience related caveats that apply at the nomination stage for the subclass 457 visa will not apply to TSS nominations.

Policy has  outlined the TSS 482 visa work experience requirements as below:

  • Work experience will be considered flexibly in the context of the nominated occupation and industry practices
  • The work experience should have been undertaken in the last five years and would need to be calculated in terms of full time work. Part time work experience may be considered
  • Experience gained as part of the research components of a Masters and/or PhD may be considered as work experience for relevant occupations, such as medical and research occupations
  • Experience gained through clinical placements and internships may be considered as work experience for medical practitioners, including Resident Medical Officers (RMOs)
  • The internship component of the Professional Year Program may be considered as work experience for relevant occupations
  • Performance experience gained while studying may be considered for applicants with a performing arts occupation.

TSS 482 Visa Training requirement

Employers sponsoring workers for a TSS 482 visa must pay a training contribution charge (to be known as the Skilling Australians Fund levy):

Businesses with turnover of less than $10 million per year will be required to make)
  • an upfront annual payment for each employee on a TSS 482 visa of $1,200
  • a one-off payment for each employee being sponsored for a permanent ENS or RSMS visa of $3,000
Businesses with turnover of $10 million or more per year will be required to make:
  • an upfront annual payment for each employee on a TSS 482 visa of $1,800
  • a one-off payment for each employee being sponsored for a permanent ENS or RSMS visa of $5,000.

FAQ:

  • If you are granted a 457 visa after 18 April 2017 off the MLTSSL list, it can be granted for 4 years. You will be able to be apply for a permanent 186/187 visa after 3 years on a 457 visa if that company decides to nominate you.
  • Can I apply for 186 Transition after applying being on a 2 year TSS 482 Visa year TSS 482 visa: There will be one (only) further extension allowed after that for another 2 years. You will not be allowed to apply for a permanent 186/187 visa under that occupation if it is on the STSOL.
  • I am over 50 years of age. Can I still apply for this visa? Yes, there is no age limit for this visa type.
  • Transition from 457 to TSS, limit of two visas – a visa holder transitioning from a current 457 visa to a TSS 482 visa, will still be eligible to apply for a second TSS 482 visa onshore.
Some consequences of this:
  1. Occupations such as cook and restaurant manager are on the STSOL list. While you can still be sponsored for 2 years by a restaurant on the 457 visa and gain another 2 year extension, you can no longer apply for a permanent visa unless it is added to the MLTSSL list for you being in a designated regional area.
  2. Retail manager is still available in regional areas for the 187 visa at the moment. But from March 2018 this will not be the case, as this occupation is not on the MLTSSL list.
  3. Most student graduates will not be eligible for temporary or permanent company sponsorship after March 2018 as you require at least 2 years FULL-TIME WORK EXPERIENCE.

Repeat TSS 482 visas

In general, all applicants for a TSS 482 visa (i.e. primary and secondary) can either be inside or outside Australia. If the application is for a Short-term (ST) stream visa, however, the primary visa applicant must be offshore if all of the below apply:

  • they have held more than one ST stream TSS 482 visa
  • they were in Australia when the application for their most recent TSS 482 visa was made and
  • this requirement would not be inconsistent with any international trade obligation (ITO).

Holders of two ST stream TSS visas in a row (where the second application was made in Australia) can apply for a further visa TSS ST stream visa offshore. They should, however, be aware that their immigration history may be relevant in terms of whether they are considered to have met the Genuine Temporary Entrant (GTE) requirement for this visa stream.

What is condition 8607?

Condition 8607 is a new condition that it is anticipated will apply to all primary TSS visa holders. It is similar to condition 8107, which currently applies to subclass 457 visa holders. Condition 8607 will require TSS visa holders who wish to change occupation (as opposed to employer), to have a new nomination approved and a new visa granted before they start work in a new occupation.

Understanding the transition from subclass 457 to TSS

Employers who are already approved standard business sponsors for subclass 457 will be able to sponsor skilled overseas workers under the TSS visa program:

  • if subclass 457 nomination and visa applications are both lodged prior to TSS implementation, they will be processed under the current framework.
  • if a subclass 457 nomination application is lodged without an associated 457 visa application being lodged before the commencement of TSS, it will, however, effectively become ‘redundant’ as subclass 457 nominations cannot be linked to TSS 482 visa applications, even where the nomination has already been approved (subject to the specific scenarios below).

Note:

  • Secondary visa applicants (of 457 visa holders or pending 457 visa applicants) are able to lodge a subsequent dependent TSS application and if they meet requirements, will be granted a TSS 482 visa linked to their family’s subclass 457 visa/nomination application. The validity period of the TSS visa will match the expiry date of the subclass 457 primary visa holder.
  • Subclass 457 visa holders whose visa is not expiring but wish to change employer after the implementation of TSS, can get their new employer to lodge a TSS 482 nomination application.
  • Subclass 457 visa holders who wish to change occupation or need a new visa (for example: with longer validity), they will, however, need to lodge a new TSS visa application referencing a new TSS nomination application.

Labour Market Testing (LMT) for TSS

Consistent with previous Government announcements, more robust LMT arrangements will be in place for TSS – with occupation exemptions to LMT no longer available. This is to ensure that employers try to find a suitably qualified Australians before they can seek to employ an overseas skilled worker on a TSS 482 visa.

Salary and conditions arrangement for TSS

Sponsors seeking to employ an overseas worker at a salary of under AUD250,000 will need to provide additional information to demonstrate that they are going to pay the market salary rate to ensure that overseas workers are protected and the local labour market is not undercut.

Contact us today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.

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