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.
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:
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:
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Spouse – If you are including your spouse, then generally, you just need to provide a copy of your marriage certificate.
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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.
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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.
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Health insurance – 482 visa
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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.
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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
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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:
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
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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.
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Standard Business Sponsorship fee: $420*
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482 nomination fee: $330*
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Skilling Australians Fund (SAF) levy*:
*These government fees must be paid by business
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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):
59 Comments
Alex · July 2, 2019 at 12:23 pm
Hi! I applied for a 482 visa medium term as a doctor. I submitted my application on April, but it’s still under the status of “further assessment “. Are they waiting for the AHPRA outcome, which is also taking longer than expected? I mean, the visa is only granted when my medical license is granted?
Another question: I’m 43 yo, and I will work in a regional area as a doctor. Will my age be a problem to apply for the PR in the future, even working in a regional area?
Thank you!
My Access Australia · July 3, 2019 at 1:48 pm
Hi Alex,
It sounds like that the hold up is due to your license issue.
You need to apply for the permanent residency visas before you turn 45, however there are also some exemptions to this requirement. Please see the following post for further information about the age exemptions: https://www.myaccessaustralia.com/age-exemption/
Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your permanent residency options.
Silu · June 29, 2019 at 9:00 pm
Hi ,Am on 482 visa and got married after getting 482 visa .Is it possible to apply for 482 subsequent entrant visa for husband when the employer is not supporting secondary applicant for visa application? If yes how ?thanks
My Access Australia · July 3, 2019 at 1:49 pm
Hi Silu,
Unfortunately the sponsor needs to agree in writing to include your family member in the nomination.
Ramya · June 26, 2019 at 9:47 pm
Hello, I Currently hold a TSS 482 Dependent Visa and working in Australia. Can i continue to work on the dependent visa if my husband who is the primary applicant for the VISA returns to India? Assuming the TSS visa is still valid but his project tenure has completed.
My Access Australia · June 27, 2019 at 1:58 pm
Hi Ramya,
You have full works rights and this work right isn’t dependent on your partner being in Australia.
Ramya · June 27, 2019 at 4:04 pm
Thank you.
Mitu · June 26, 2019 at 11:31 am
Hi Peng,
I am currently working as a cook on 457 visa (applied before 18 Mar,17). Recently my employer sold the business, hence I got my 457 visa transferred to new ABN through a new 482 nomination (paid two yrs SAF levy) on 9 May, 19. Now my 457 visa is going to expire soon, hence planning to lodge a new 482 visa (same employer, same occupation) soon. My query is, does my employer need to lodge one more 482 nomination app to link it to my new 482 or can it be linked to my existing 482 nomi..?
My Access Australia · June 27, 2019 at 1:58 pm
Hi Mitu,
You will need a new nomination and visa.
Mitu · June 28, 2019 at 4:41 pm
Many thanks. Actually my current 482 nomination approval letter states that it will cease on the day when I am granted a 482 visa or after 12 months of nomination approval whichever happens earlier. As it has been just 2 months since I got my existing 457 visa linked to new 482 nomination (SAF paid for 2yrs). Does still my employer need to lodge one more 482 nomination to get me a new 482 visa (if lodging within 1 month) and will I still be egible to apply for 186 using Grandfathering policy?
My Access Australia · July 3, 2019 at 1:49 pm
You can use your existing nomination if either of the following has occurred: letter states that it will cease on the day when I am granted a 482 visa or after 12 months of nomination approval whichever happens earlier.
Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your permanent residency options.
Prajwal Bista · June 13, 2019 at 4:56 pm
Can i study part time in 482 visa ?
My Access Australia · June 14, 2019 at 8:00 pm
Yes – there are no study restrictions on a 482 visa.
J Fagan · June 12, 2019 at 1:54 am
I have a job offer of sponsorship for the 482 visa, however my main aim is to obtain sponsorship eventually for the 186 visa. I am 42 at the end of November and I was wondering if AHPRA and the immigration office delay in processing my application and I am unable to start in November, is there still an option open to me for PR? Can i apply for the 186 visa next year after working with the sponsor for a year for example? I started working as a midwife in October 2017.
My Access Australia · June 14, 2019 at 8:02 pm
You could look at applying for the Direct Entry stream before you turn 45.
Sorry but we would need to refer you to our consultation services if you need such advice that is personalised for your history and circumstances. Please see Contact Us page and in relation to our Consultation Service for further advice about your permanent residency options.
Roz · May 25, 2019 at 11:26 am
Hi PC,
I currently hold a 482 that is valid until 2022, however I’m no longer employed by my previous sponsor and employment ceased in 12/2018. I’m currently still actively seaking new sponsorship which should commence 7/2019. Can I work in another field in the interim ? I have checked my visa status and it is still valid. Also I still have not received the NOICC from the Department of Home Affairs.
Thanks heaps !
Peng Cheng · May 27, 2019 at 9:02 pm
Hi Roz,
You can only work for a new employer after their 482 nomination application is approved to take over your visa sponsorship.
You have a work limitation condition on your 482 visa – please see your visa conditions.
PC
MUKUL VARSHNEY · May 8, 2019 at 11:15 pm
Hi Peng,
I have 457 visa granted and I(myself, rather than current employer) have applied for the TSS 482D visa for my dependent to bring them to Australia. I have provided all documents except sponsorship letter from my employer. Do I require to provide sponsorship letter from my current employer for my dependents? If yes, will I be able to attach it?
Peng Cheng · May 9, 2019 at 1:56 pm
Hi Mukul,
Yes, you need a letter from the business to confirm their support. You can upload this to the application during processing time.
PC
Suzie · May 8, 2019 at 9:44 am
Hi,
My husband has been offered a Carpentry job with TSS 482 Sponsorship (it’s on the medium/long term list).
He has the qualifications and 2 years work experience however this is from 2005-2009. From 2009-2018 he worked as a Police Officer in the UK.
He wants to go back in to Carpentry here hence wanting to take the Carpentry job with the TSS 482 Sponsorship.
My question is, is he eligible considering his work experience is 10 years ago?
Thank you in advance!!
Suzie
Peng Cheng · May 9, 2019 at 1:58 pm
Hi Suzie,
The Department’s policy states indicates that the 2 years of work experience should be from the last 5 years.
Please see our Contact Us page and in relation to our Consultation Service – feel free to contact us if you need further advice.
PC
Sam · May 6, 2019 at 6:48 pm
Hi Peng
I’m already holding 457 visa that will expire in about a month and I’m waiting for Invitation for 189. However, I will need to extend my current 457 (TSS) for the time.
My employer’s sponsorship certificate that I’ve applied with has expired 2 years ago.
Does he need to apply a new sponsorship for me again now and if so, do you know how long possibly it will take, knowing he’s not an accredited sponsor? He has been sponsoring me in 2015 and another person in 2017.
Thanks a lot
Peng Cheng · May 9, 2019 at 2:01 pm
Hi Sam,
Yes the business needs to apply for their Standard business sponsorship if this has expired already.
Please see the Department website for current processing times for the 482 visa: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482
PC
Flora · April 30, 2019 at 6:51 pm
Hi, I am about to apply for TSS 482 as main applicant. My husband and daughter will be my dependents. Can all the 3 of us ay for the visa together or do they have to wait until mine is granted.
Peng Cheng · May 2, 2019 at 9:25 am
Hi Flora,
You can apply together.
PC
trish · April 29, 2019 at 10:40 pm
HI
how long after all documents have been submitted for your TSS 482 VISA is the visa issued looking for the time frame, still need to resign as we are going over on my husbands TSS 482 however we have only now submitted all documents
need to know how long I must wait before I can resign and start packing up. don’t want to do this without confirming that the visa’s was granted,
thx
Peng Cheng · May 2, 2019 at 9:26 am
Hi Trish,
Processing time is generally about 1 month: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482
PC
Lisa · April 24, 2019 at 4:44 pm
Hi Peng, myself and my partner are currently on a 457 visa. I had just had a transfer of employer approved under the new 482 nomination process however we forgot to include my partner. What are the next steps to transfer my partner sponsor to my new employer? Thanks
Peng Cheng · May 2, 2019 at 9:28 am
Hi Lisa,
Sorry but I haven’t had this situation before.
PC
charmaine · April 22, 2019 at 5:39 pm
Hi the company of my husband just recently lodge his visa tss 482 application and he is advised for medical already the problem is the company did not include us with my 2children is there any possible way that we can do to join him in australia soon?
Peng Cheng · April 23, 2019 at 3:51 pm
Hi Charmaine,
You can apply for subsequent entrant dependent visas after your husband’s visa is approved.
PC
Afroz · April 9, 2019 at 8:12 pm
Hi, Once visa is granted to primary applicant (482) & dependents what is the time frame for dependents to join primary visa holder in Australia after grant of visa, can they join after few months or a year ? Thanks
Peng Cheng · April 15, 2019 at 1:49 pm
Hi Afroz,
There is no strict time frame. They just need to enter before the expiry of the visa.
PC
Sami · April 9, 2019 at 6:53 pm
Hi Peng,
I am on 482 TSS visa now and I have a defacto partner now. Do I have to inform the immigration? Or I only have to inform the immigration until I apply for 186 PR visa as my dependent?
Thank you in advance.
Peng Cheng · April 15, 2019 at 1:50 pm
Hi Sami,
You don’t have to inform the Department of your relationship change.
PC
Gabi · February 28, 2019 at 2:18 pm
Hi there, it is a very interesting reading.
My question is: under the R. 2.72, 11 (d) ” the nominee will be engaged only as an employee under a written contract of employment by the person or an associated entity of the person (the employer)”, what are the requirements for the contract employment?
Is it really necessary that it has a fixed term clause?
In other words, how a contract covers the full employment period requested for visa 482 MLTSSL?
Thank you very much!
Peng Cheng · March 5, 2019 at 12:52 pm
Hi Gabi,
Sorry but to properly respond to your queries, I’d need to ask some questions and get some information from you.
Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice.
PC
Shajila · February 5, 2019 at 10:16 pm
I hold a 457 visa which is about to expire in August. My husband holds a 482 visa valid for 2 years. Is it possible for me to apply as a dependent before my 457 gets expired? Will the dependent 482 be rejected as I am a 457 primary applicant?
Peng Cheng · February 6, 2019 at 6:59 pm
Hi Shajila,
You can apply for a dependent 482 while holding a primary 457.
PC
Carrie Cummings · January 14, 2019 at 8:20 am
Hi there, If someone is on a 457 with two years remaining, and they have found a new employer to sponsor/transfer their 457. Does the new employer still need to go through the LMT under the 482?
Peng Cheng · January 17, 2019 at 8:57 pm
Hi Carrie,
Generally speaking LMT will still apply – transferring to a new business as a 457 visa holder does not create an exemption.
PC
Rahul · November 12, 2018 at 8:45 pm
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
Peng Cheng · November 13, 2018 at 1:00 pm
Hi Rahul,
A Skills Assessment would be required for the role of Cook for Indian passport holders – please see: https://www.tradesrecognitionaustralia.gov.au/programs/tss-skills-assessment
PC
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