The Temporary Skill Shortage 482 visa is Australia’s main temporary and long-term full-time skilled work visa.

 

TSS 482 visa – Temporary Skill Shortage visa

 

The Temporary Skill Shortage (“TSS”) 482 visa requires the business and visa applicant to obtain approval for the following three types of applications (or just the nomination and visa applications if the business already has Standard business sponsorship approval):

 

  1. Standard business sponsorship application – prerequisite approval required before a business can sponsor 482 visa holders
  2. 482 nomination application – the sponsoring business is required to demonstrate its genuine need for the eligible nominated full-time occupation/role
  3. 482 visa application – the visa applicant needs to demonstrate that he or she satisfies the relevant visa requirements

 

Standard business sponsorship

 

A business must be firstly approved as a Standard business sponsor (“SBS”) before it can sponsor foreign national workers under the Temporary Skill Shortage Subclass 482 visa program. Once the business’ SBS is approved, this will be valid for a period of 5 years. The business can apply to have its SBS period extended.

 

In a SBS application, the business must demonstrate that it meets the following requirements:

 

  1. The business is actively and lawfully operating in Australia
  2. The business needs to attest that it has a strong record or demonstrated commitment to employing local labour and non-discriminatory employment practices (testament made in application form)
  3. There must be nothing adverse known about the business or a person associated with the business. Adverse information includes the conviction, finding of non-compliance, administrative action, investigation, legal proceedings or insolvency.

 

The business can satisfy this by submitting evidence of its business registration details such as Australian Business Number (ABN), Australian Company Number (ACN), Australian Registered Body Number (ARBN) or Australian Stock Exchange (ASX) Code.

 

The business can submit a variety of documents to demonstrate that it is actively operating. Examples include:

 

  • Lease for the business’ premises
  • Contract of sale for the purchase of the business
  • Evidence of employment of staff such as contracts, payslips etc.
  • Business Activity Statements (BAS)
  • Business bank statements
  • Evidence of costs incurred by the business such as receipts and invoices
  • Evidence of payments by clients to the business for goods or services delivered such as receipts and invoices
  • Letter from the business’ accountant confirming active operations

 

457

 

482 nomination requirements

 

Eligible occupations and streams:

 

A business can sponsor eligible occupations under one of the following streams:

 

  • Medium-term stream (MLTSSL) – occupations on this list allow for the grant of 482 visas that are valid for up to 4 years. The business can also potentially sponsor the visa holder for permanent residency after three years of work as a 482 visa holder, under the 186 visa  or 187 visa Temporary residency transition stream. The 482 visa holder can also apply for new 482 visas in Australia if the nominated occupation is under the MLTSSL. In addition to occupations on the MLTSSL, if the nominated role is in an eligible postcode regional area, then the business can also sponsor occupations on the Regional Occupation List (ROL) under the Medium-term stream
  • Short-term stream (STSOL) – occupations on this list allow for the grant of 482 visas that are valid for up to 2 years (or up to 4 years under international trade obligations). Unfortunately, occupations on this list are not eligible under the 186 visa  or 187 visa Temporary residency transition stream. The 482 visa holder can also apply for a new 482 visa in Australia on one occasion if the nominated occupation is under the STSOL (i.e. 4 years maximum in total)
  • Labour Agreement stream – the business needs to have an approved Labour agreement, which requires the business to demonstrate that it cannot fill its labour needs through the Australian labour market, and also occupation/s which are currently eligible under the STSOL and MLTSSL. If approved, then the business can sponsor occupation/s which are not on the current STSOL and MLTSSL. The business may also be able to sponsor its 482 visa holders for permanent residency, depending on the business’ negotiations with the Department and the terms of the approved Labour agreement
  • Caveat requirements if applicable: Some eligible occupations are marked with an asterisk* which means that the sponsoring business needs to demonstrate that the following additional caveat requirements are also satisfied

 

The following common requirements need to be satisfied by all MLTSSL and STSOL stream 482 nomination applications:

 

  • Genuine business need for the nominated role: This is a discretionary requirement where the Department will assess various aspects of the sponsoring business (based on the documents and information provided in the business nomination application) such as the business’ financial position, financial history, current operations and clients, current staff and payroll expenses, and documents provided to demonstrate the business’ current need for the nominated role etc. The Department will then decide if the business has sufficiently demonstrated its genuine need for the nominated full-time role.
  • Labour market testing: The business needs to advertise the nominated role for a period of at least 4 weeks, during the last 4 month period before the lodgement of the nomination application. The advertising needs to be carried out on at least 2 allowed advertising platforms which include:
  • Salary is equivalent to what is or would be paid to an Australian employee: The business needs to demonstrate that the visa applicant’s proposed salary is consistent with the ‘Australian market rate’ for the nominated role.
  • Temporary Skilled Migration Income Threshold (TSMIT): In order for your nominated role to be sponsorable and eligible, your sponsoring employer needs to show that the ‘Australian market rate’ for your role is at least equal to TSMIT (which is currently AUD $53,900 per annum).

 

482 visa requirements


The following requirements need to be satisfied by the primary visa applicant:

 

  • Medium-term stream (MLTSSL) English: Minimum score of at least 5.0 in each test component, or equivalent 482 English scores
  • Short-term stream (STSOL) English: Overall average score of 5, with a minimum score of at least 4.5 in each band, or equivalent 482 English scores
  • Work experience: Two years of full-time work experience that relates to your nominated occupation. Generally speaking, you can only count relevant work experience after you completed your relevant education qualification / apprenticeship / trade or vocational education. Part-time or casual work experience can be counted on a pro-rata basis, so 12 months of part-time or casual experience should be equivalent to 6 months of full-time experience.
  • Holds (or is eligible for) any mandatory registration, licence or professional membership: If any mandatory registration, licence or professional membership is required to work in your nominated occupation, then you hold or are eligible for this mandatory registration, licence or professional membership. For example, you need to be registered (or be eligible for registration) with the Australian Health Practitioner Regulation Agency to work in Australia as a registered nurse, doctor and other health care professional occupations
  • Health and character: Primary visa applicant and all members of his or her family unit must satisfy the health and character requirements.
  • Age: there is no age limit for this visa.

 

Temporary Skilled Migration Income Threshold (TSMIT)

 

In order for your nominated role to be sponsorable and eligible, your sponsoring employer needs to show that the Australian market rate for your role is at least equal to TSMIT (which is currently AUD $53,900 per annum). With this requirement, the Department case officer is comparing the Australian market salary rate for the nominated occupation (not your actual salary) against TSMIT. If the market rate for the nominated role is below TSMIT, then the position itself is deemed to be not eligible and this may result in the refusal of the business nomination application.

 

Consequently, even if your (proposed) guaranteed annual salary is above the market rate and TSMIT, if the Australian market rate itself is below TSMIT, then the position is not sponsorable.

 

Australian market rate requirement

 

Your sponsoring employer needs to demonstrate that the terms and conditions of your employment are no less favourable than the terms and conditions of employment for an equivalent Australian citizen or permanent resident. This can be shown by providing a copy of the contract of an Australian citizen or permanent resident that is working in the same position and location as your nominated role.

 

Your sponsoring employer is obligated to periodically review your salary and increase it as the Australian market rate for your role increases.

 

The nominating employer does not need to show that the ‘market rate’ requirement is met if the applicant’s salary is $250,000 or greater. This is an exemption to this requirement.

 

Relevant industrial award

 

Your nominated occupation may be governed by a relevant industrial award which will specify the salary that you should be paid. For example, a registered nurse working in Victoria will have his or her terms and conditions of employment governed by the Nurses Award 2010, including the salary that he or she should be paid.

 

You can be paid a salary higher than the level specified in the relevant award.

 

No equivalent Australian working

 

Your employer may not have an Australian citizen or permanent resident that works as an employee in the same role and location as your nominated role.

 

If this is the case, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your salary is at least equal to the market rate. This is generally demonstrated by providing Australian market salary survey data. This data needs to be relevant to the nominated role and the location where you will be working (i.e. market salary data, such as Hays Salary Guides, will usually give specific data for various capital cities around Australia).

 

Here some of the resources that we use for finding market data:

 

 

Example where the ‘Australian market rate’ is below TSMIT

 

Max has been nominated by XYZ Pty Ltd. XYZ Pty Ltd currently employs several Australian employees in its workplace who perform the same work as that which Max will undertake as a 457 visa holder. XYZ Pty Ltd currently pays these Australian employees $50,000 annually as per the industrial award that applies in that workplace. Consequently, $50,000 is the applicable ‘market salary rate’.

 

In this situation, the 457 nomination may be refused on the basis that the ‘Australian market rate’ for the nominated role is below TSMIT. Even if XYZ Pty Ltd is willing to pay Max a salary of $53,900 or above, this will not be sufficient. As explained above, this requirement is comparing the Australian market salary rate for the nominated occupation, not the applicant’s actual salary, against TSMIT.

 

Genuine need for the nominated

 

The sponsoring business needs to demonstrate that it has a genuine need for the nominated position. In assessing this requirement, the Department’s guidelines indicate that the following factors may be considered:

 

  • the nature and scope of the business activities of the nominator including:
      • any demonstrated increases in business activity
      • any demonstrated plans for future expansion
      • the likely impact on the business if the nomination was refused
    • overtime being undertaken by employees currently in the nominated occupation
    • any information that the relevant industry is in decline
    • whether the position:
      • continues to fit within the regular and ongoing business activity of the employer, as demonstrated by the organisation chart or other evidence provided
      • has altered over time
      • involves new tasks that no longer correspond to the nominated occupation
      • continues to be genuinely needed in the regular, ongoing business activity of the employer
      • has existed and been previously occupied but has become vacant through attrition
      • contributes to maintaining or enhancing the volume and/or quality of business outputs (this may include detailed and quantifiable plans for future expansion)
      • is currently occupied by a temporary resident
      • is relevant to the proposed business activity

     

    The supporting documents that a business needs to provide in order to demonstrate its genuine need for the nominated position will vary, depending on the nominated position/occupation and the nature of the sponsoring business’ operations.

     

    For example, if the business is sponsoring a Chef, Cook, or Cafe or Restaurant Manager, then the business may be able to provide the following to demonstrate its need to the nominated role:

     

    • Dine-in menu, specials and/or drinks menus
    • Photos of prepared meals
    • Photos of fresh and/or raw produce such as meats, chicken, fish, vegetables, fruits etc.
    • Photos of ingredients such as spices, seasoning, herbs etc.
    • Photos of kitchen and work areas, fridge and storage areas etc.
    • Photos of dining and customer seating/service areas
    • Invoices/receipts for the cost of raw ingredients such as spices, seasoning, fresh vegetables or fruits, raw meats etc.
    • Invoices/receipts for the cost of kitchen equipment such as knifes, utensils, pans, stove, microwave etc.
    • Invoices/receipts for business expenses such as solicitor fees, advertising or marketing expenses, online advertising expenses, new menus etc.
    • Examples of online reviews such as Facebook, Google, Tripadvisor etc.

     

    If the business is sponsoring a Technical Sales Representatives nec (ANZSCO code: 225499), then the business may be able to provide the following to demonstrate its need to the nominated role:

     

    • List of clients and/or business schedule or calendar for client services/product purchases
    • Invoices/receipts for prior completed services/product purchases
    • Email correspondence with clients, providing information in relation to new or existing services and/or products
    • Business prepared brochure or information sheet outlining its services and/or products and/or brochures or information sheets which are provided by your sales representatives to clients
    • Email correspondence from clients raising issues or complaints
    • Information sheets for competing services and/or products offered by the business’ competitors
    • Internal sales records, spreadsheets, printouts etc. recording the business’ financial and sales performance such as: weekly or monthly sales, sales by various representatives, sales by products or services, sales by client etc.

     

     

    Overseas Business Sponsorship

     

    For an overseas business to obtain Standard business sponsorship, it needs to satisfy the following requirements:

     

    1. The business must be lawfully operating outside of Australia.
    2. There must be nothing adverse known about the business or a person associated with the business. Adverse information includes the conviction, finding of non-compliance, administrative action, investigation, legal proceedings or insolvency.
    3. In sponsoring an individual for a 482 visa, the business must have the intention the sponsored individual is coming to Australia to undertake one of the following:
      1. Establish, or assist in establishing a business operation in Australia with overseas connections, or
      2. Fulfil, or assist in fulfilling, the business’ contractual obligations.

     

    Family members

     

    Spouse – If you are including your spouse, then generally, you just need to provide a copy of your marriage certificate.

     

    De-facto partner – Generally speaking, you need to provide documents that demonstrate that you and your de-facto partner have been living together for at least 6 months prior to the date of lodgement of the visa application.

     

    Children – You will need to provide full unabridged birth certificates that state the names of both biological parents. You can include your adult child who has turned 18, but has not turned 23 (and dependent children of any age with a medically accepted disability). Custody may be an issue if one of the biological parents is not included in the application. If you want to include your child and your child’s other biological parent is not included, you’ll need to provide evidence to show that you have legal custody over your child and that you have the right to bring your child to Australia. The Department will generally require you to provide legal/government or Court documentation which confirms your custody rights. You should also upload a Form 1221 for each child included in your visa application.

     

    Health insurance

     

    You will need to provide a certificate or letter from your health insurance provider which confirms that yourself and your family members have the required health insurance coverage.

     

    Adding Your Newborn Baby

     

    If you, or your partner who also holds a 482 TSS visa or 457 visa as a dependant, has a child while in Australia, then your child is deemed to be also holding a 482 TSS visa or 457 visa from birth. Note: Your child needs to be born in Australia. See below information in relation to a child that is born outside of Australia.

     

    You still need to lodge an application with the Department so that your child is ‘officially’ granted a 482 TSS visa or 457 visa and that this is recorded onto the Department’s systems.

     

    Supporting documents requires for application

     

    Before you can make such an application, you will need to obtain a passport and an unabridged birth certificate for your child. Once you have these documents, you can email the Department (tss@homeaffairs.gov.au) with the following documents:

     

    1. Your child’s passport biodata page
    2. Your child’s unabridged birth certificate which confirms your child’s parents
    3. Your passport biodata page
    4. Your partner’s passport biodata page
    5. Evidence that you have purchased health insurance for your child, or evidence that you have enrolled him or her with Medicare
    6. Letter of support from your sponsoring employer (this letter basically confirms that your sponsoring employer supports the application and agrees to undertake the sponsor’s obligations that result from you adding your child to your 482 TSS visa or 457 visa)

     

    Because your child is deemed to hold a 482 TSS visa or 457 visa from birth, he or she won’t need to complete any health examinations that would otherwise be applicable. There is also no government lodgement fee for this application.

     

    Taking your child outside of Australian & Children born outside of Australia

     

    However, if you take your child outside of Australia and don’t add your child to your 482 TSS visa or 457 visa, and then obtain another visa so that your child can return to Australia (since DIAC will have no record of your child holding a 482 TSS visa or 457 visa), when you lodge the 482 TSS visa or 457 visa application, you will need to pay a government lodgement fee.

     

    If your child is born outside of Australia, then you will need to pay the government lodgement fee when you lodge the application.

     

    Government lodgement fees

    • Sponsorship fee $420*
    • Nomination fee $330*
    • Visa Application fees (these fees can be paid by the visa applicant or business)
      • $1,080 for the main applicant
      • $1,080 for a partner (and any child over 18)
      • $280 for each child under 18 years of age
    • Skilling Australians Fund (SAF) levy*:
      • Annual turnover less than $10 million: AUD 1200 per year
      • Annual turnover of $10 million or more) AUD 1800 per year

     

    *These government fees must be paid by business.

     

    Example of total government fees for a business obtaining Standard business sponsorship, and nominating a 482 visa applicant under the MLTSSL for a 4 year visa (and assuming no family members):

     

    • Sponsorship fee $420
    • Nomination fee $330
    • Visa Application fee: $1,080
    • SAF levy: $4,800
    • Total: $6,630

     

    Frequently asked questions

     

    • Dependent family visa applicants (of 457 visa holders or pending visa applicants) are able to lodge a subsequent dependent TSS application. If granted, the TSS 482 visa is linked to the primary visa applicant’s 457 visa
    • Current 457 visa holders who wish to change employer can lodge a TSS 482 nomination application. If this is approved, then the visa holder can commence employment with the new sponsoring business on his or her current 457 visa
    • Current 457 visa holders who wish to change occupation or need a new visa, will need to lodge new TSS 482 nomination and visa applications, and satisfy the current nomination and visa requirements as outlined above
    • A business which already has Standard business sponsorship approval under the prior 457 visa program can use this approval while it is valid to sponsor under the TSS visa program
    • Holders of two Short-term stream (STSOL) TSS visas in a row (where the second application was made in Australia) can apply for a further visa TSS Short-term stream visa offshore. However, it may be difficult to satisfy the Genuine Temporary Entrant (GTE) requirement if the visa applicant has spent significant time in Australia.
    • Condition 8607 is mandatory for all primary visa applicants. The visa holder must:
      • only work for the approved sponsor
      • only work in your nominated skilled occupation
      • start work within 90 days of arrival in Australia if you were outside Australia when your visa was granted, or within 90 days after your visa was granted if you were already in Australia at the time
      • not cease employment with your approved sponsor for a period of more than 60 consecutive days
      • obtain any mandatory licence, registration or membership.

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    Please firstly see FAQ and prior comments post which may answer your queries

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    Rahul

    Hey Peng, could you please help me with this question! Do I need to have skill assessment to apply 482 tss visa as a cook or 2 years of full time experience is enough? I hold Indian passport! Thanks heaps