The 482 visa (Temporary Skill Shortage TSS visa) is Australia’s main long-term temporary and full-time work visa that is sponsored by an approved business.
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):
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:
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:
Eligible occupations and streams:
A business can sponsor eligible occupations under one of the following streams:
The following common requirements need to be satisfied by all MLTSSL and STSOL stream 482 nomination applications:
TSMIT – Temporary Skilled Migration Income Threshold
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 482 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 482 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.
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 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.
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:
For an overseas business to obtain Standard business sponsorship, it needs to satisfy the following requirements:
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 1229 for each child included in your visa application.
Health insurance – 482 visa
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 (email@example.com) with the following documents:
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 Australia & 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.
Standard Business Sponsorship fee: $420*
482 nomination fee: $330*
*These government fees must be paid by business
482 visa application fees (these fees can be paid by the visa applicant or 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):