Temporay Skilled Shortage
Subclass 482
(Temporary)
Overview
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Commonly known as TSS visa, Subclass 482 visa is intended for Australian employers to address labour shortages with skilled workers from overseas where employers are unable to find a suitably qualified Australian equivalent.
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While Subclass 482 visa is temporary, its holders may become eligible for permanent residency after 2 years.
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You may include your family in your visa application so your entire family can migrate together.
Process
Step 1 – Sponsorship application
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the employer must apply to become a standard business sponsor
Step 2 – Nomination application
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the employer nominates the applicant to fill a full-time position
Step 3 – Skills assessment application (if applicable)
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the applicant submits application for skills assessment
Step 4 – Visa application
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the applicant lodges the Subclass 482 visa application
3 Streams
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Short-term stream
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for occupations on the Short-term Occupation List
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Medium-term stream
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for occupations on the Medium and Long-term Occupation List or the Regional Occupations List
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pathway to permanent residence after 2 years
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Labour Agreement stream – this applies if:
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standard visa programs are not available, for example, because of an applicant’s low English proficiency
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employer must first negotiate a labour agreement with Commonwealth/state government
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terms and conditions of the labour agreement are flexible and negotiable, allowing for concessions and lower visa requirements
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Eligibility
For employer:
Be a lawfully operating business with no adverse information unless exempt
Become a business sponsor
Demonstrate a genuine need for a full-time position
Nominated occupation meets caveats requirements (if applicable)
Establish the position cannot be filled by an Australian citizen or permanent resident through Labour Market Testing (the position must be advertised strictly in accordance with migration law)
Pay the nominee (applicant) at least annual market salary rate (AMSR) which cannot be lower than:
- $70,000 + superannuation
- caveats if applicable
Ensure the employment conditions that will apply to the nominee are not less favourable than those that apply/would apply to an Australian worker performing equivalent work at the same location.
Pay Skilling Australians Fund levy
For applicant:
The nominated occupation is on the Occupation List for Subclass 482 visa
No age limit
Have at least 2 years of full-time (or equivalent part-time) experience in the nominated occupation – 3 years of experience may be required in certain cases
Have relevant qualification and registration/licence (if applicable)
Meet health and character requirements
Meet English language requirements unless exempt (please note certain occupations, such as Accountant, are required to have a higher level of English proficiency)
Obtain a positive skills assessment (if applicable)
Convincingly demonstrate you are a Genuine Temporary Entrant (GTE) that only intends to stay in Australia temporarily
Arrange health insurance for time in Australia
Pathway to Permanent Residency
You will become eligible for permanent residency (Subclass 186 visa) if:
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You have worked in the same occupation for 2 years on Subclass 482 TSS visa.
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You have competent English (IELTS 6 in each band or equivalent) – exemptions apply.
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You are under 45 years old when you apply for PR.
Location
Applicants may be in or outside Australia at the time of application and visa grant (exception applies).
Duration of Stay
Short Term Stream:
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up to 2 years and can be extended twice for another 2 years each
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up to 4 years if an International Trade Obligation (ITO) applies
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up to 5 years for Hong Kong passport holders
Medium Term Stream:
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up to 4 years
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up to 5 years for Hong Kong passport holders
Loabour Agreement Stream:
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up to 4 years
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up to 5 years for Hong Kong passport holders
Tricks and Common Reasons for Refusal
1 – The Genuineness of the Offered Position
Clearly, one of the most common reasons for a refusal for Subclass 482 visa is the offered position is deemed as not genuine by the Immigration which believed it was created mainly or solely for the purpose of assisting the visa applicant in gaining a visa. The Immigration made this decision by taking into consideration a whole range of factors including but not limited to:
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The size of the sponsoring business
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the structure of the business
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the applicant’s overall immigration history
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the applicant’s overall circumstances
The Immigration’s decision is a judgment call based on the supporting documentation and information submitted and the highly discretionary nature of the decision has caused a staggering number of refusals and will keep doing the same.
Consequently, part of our process for assisting you with Subclass 482 visa is help you and your employer prepare a vitally important, formal, exclusive and comprehensive legal submission by drawing on our nearly 20 years’ industry experience, convincingly addressing and arguing every single factor to your advantage because we are fully aware of what factors the Immigration is looking at exactly and the rationale and mentality behind every one of them. We are positive this will significantly increase your chances of a visa grant, just as it has for our previous clients.
2 – Failing to Demonstrate Professional Skills Properly Against Skills Assessment Criteria
Apparently, skills assessment is the first step and challenge of the entire Subclass 482 visa process as it can be complex and even confusing, requiring an exquisite and to-the-point demonstration of your skills not only in the form of supporting paperwork, but sometime also practical/technical assessment. Therefore rushing into skills assessment without knowing exactly what a skills assessing body is looking for is highly risky and quite often leads to an unfavourable outcome. This is why hiring an immigration professional to assist you right at the beginning is important.
3 – ”Irrelevant” Work Experience
One of the most unfortunate yet common scenarios is the applicant’s work experience is deemed irrelevant to their chosen occupation by skills assessing authority. This is typically because the authorities decided the applicant was not actually performing the job duties they claimed and that even the applicant had chosen a wrong occupation to start with. When this happens, things go straight to square one, which is certainly frustrating. We have had numerous clients that went through exactly this before turning to us for professional assistance.
We hence noticed it is not they didn’t do those jobs, but they simply failed to present their day-to-day professional activities in the submitted paperwork in a proper and acceptable manner to the assessing body. In view of this, we have made it part of our routine to thoroughly check through and revise every client’s work references, résumé and other employment-related paperwork where possible to ensure they are in line with what the authorities expect from your occupation so that you end up with a big smile.
4 – Unfamiliarity with How the Australian Immigration Works and Its Mentality
In many cases, applicants prepare and submit their supporting documentation in a disorderly way, giving the Immigration a hard time digging through tons of paperwork to get things in the right order when picking up a new visa application. This will potentially lead to endless back-and-forth clarification and explanation, wasting both sides lots of time and can even result in a refusal of Subclass 482 visa.
This is common since applying for a visa, especially a permanent one, is the very first time to most applicants. For this reason, our team have developed our own system for labelling, coding, structuring and, where necessary, cross-referencing documentation so your application can be submitted in the most presentable and logical manner. Making your application stand out among all competitors has been our goal from day one.
5 – Careless Yet Costly Mistakes
Applying for migration is seen as a delicate work of art due to the staggering amount of attention, paperwork, and details involved. A seemingly minor/harmless error such as a typo in your résumé, a date entered wrong, or a tick in the wrong box in the lengthy visa application form can prove costly as the Immigration processes all visa applications strictly in accordance with migration law, in particular Migration Act 1958 and Migration Regulations 1994. Even a small error can be regarded as failing to satisfy a visa requirement and therefore lead to a visa refusal. To minimise such incidents, our team pay extra attention while editing and drafting every client’s paperwork and always proofread and also conduct a final review of documentation before submission.
6 – Applications Not Being Decision-ready
Another common reason for refusal, even instant refusal, for Subclass 482 visa is submitting an application without all the required documentation. This happens when the application was prepared carelessly, or when the applicant was trying to rush an application for whatever reason (e.g. meeting a cut-off date of a major migration policy change which happens almost each and every year and often catches people off guard).
Even with 43 years of team experience, we handle each application cautiously and meticulously like our first to ensure nothing slips through the cracks. Should a sudden change of policy hit and impact you, we are more than capable of advising you how to salvage your application in terms of what documents are mandatory at the time of submission and what can wait so you are never in danger of a straight-up visa refusal upon submission.
Benefits
With this visa, you may:
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migrate to Australia together with your family
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apply for permanent residency if eligible
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potentially bring your extended family members to Australia permanently on parent visa or visa intended for other relatives
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access your superannuation after you have departed Australia (if paid $450 or more before tax in a month)
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stay in Australia for a number of years without having to leave
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travel overseas and back to Australia for any purposes (e.g. overseas holiday, visiting family and/or attending family matters in home country)
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study in Australia without any limitations
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attend free English language course provided by Australian government
Application Fees
You may include your family in the application so your family can migrate to Australia together.
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Application fee for sponsorship: $420
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Application fee for nomination: $330
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Skilling Australian Fund levy:
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$1200 per year per nominee (if annual turnover is less than $10m); or
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$1800 per year per nominee (if annual turnover is over $10m)
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Application fee for visa (medium-term stream):
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Main applicant: $2770
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Each secondary applicant aged 18 or over: $2770
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Each secondary applicant under 18: $695
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Application fee for visa (short-term stream):
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Main applicant: $1330
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Each secondary applicant aged 18 or over: $1330
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Each secondary applicant under 18: $335
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Please note: you may incur third-party charges, for example, for translation, skills assessment, English test, police certificate and health exam.
Processing Time
Kindly note the processing time constantly varies. Please contact us for update.
Short-term stream:
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75% of applications: 5 months
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90% of applications: 14 months
Medium-term stream:
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75% of applications: 3 months
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90% of applications: 7 months
Labour Agreement stream:
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75% of applications: 71 days
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90% of applications: 6 months
Visa Conditions
- Subclass 482 TSS visa holders can only work for the employer that sponsored him/her.
- Subclass 482 TSS visa holders must start working for the employer within:
- 90 days after the holder’s arrival in Australia if the holder was outside Australia when the visa was granted; or
- 90 days after the grant of Subclass TSS 482 visa if the holder was in Australia when the visa was granted
- Subclass 482 TSS visa holders can switch employer while on Subclass TSS 482 visa, but must not be unemployed for over 60 days in between.
- If the subclass 482 TSS visa holder is required to hold a licence, registration or membership that is mandatory to perform the work, the holder must have it within:
- 90 days after the holder arrives in Australia if the holder was outside Australia when the Subclass 482 TSS visa was granted; or
- 90 days after the Subclass 482 TSS visa was granted if the holder was in Australia when the visa was granted
- Subclass 482 TSS visa holders must maintain valid health insurance.
Your Work Rights
The Department is working with the Fair Work Ombudsman to help employees and employers understand and follow Australian Workplace laws.
Information on pay rates, shift calculations, leave arrangements and notice and redundancy entitlements is in the Pay and Conditions Tool (PACT).
The Fair Work Ombudsman website has more information on workplace rights and entitlements for visa holders and migrant workers.
Our Unbeatable Services - How Exactly We Make It Hassle-free
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Let’s face it – visa applications are complex, especially when you are not an expert in Australian immigration law - that is Migration Act 1958 and Migration Regulations 1994.
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Simply put – our visa and immigration legal services are truly unbeatable.
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This is because our immigration lawyers and registered migration agents in Melbourne do all of the 40 Things in Our Exclusive 5-step Services for you to:
- give you a stress-free visa application journey;
- maximise your chances of a successful application outcome.
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Can you find such detailed and specific services elsewhere? We guarantee you can’t.
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This way, you know your money really is well-spent.
FAQ’s
1. What’s the advantage of Subclass 482 TSS visa compared to Subclass 494 visa and Subclass 186 visa (Direct Entry stream)?
Subclass 482 TSS visa requires lower English language score/proficiency AND lower work experience.
2. Can I apply for PR (permanent residency) through Subclass 482 TSS visa?
Yes, all occupations, including those on short-term occupation list, are eligible for PR starting 25 November 2023.
3. What’s the most common reason for refusal for Subclass 482 TSS visa?
The most common reason is the Immigration’s case officer doesn’t believe the employer has a genuine need for a full-time worker. Essentially, this is a judgement call of the case officer based on available information and evidence and therefore can sometimes be subjective in nature.
4. How long does it take to transition from Subclass 482 TSS visa to permanent residency?
From 25 November 2023, the waiting period required to apply for PR for Subclass 482 TSS visa holders will be shortened from 3 years to only 2 years.
5. Can I extend Subclass 482 visa?
Yes, you can apply for another Sucblass 482 TSS visa and there is no limit on how many 482 TSS visa you can hold in a lifetime.
6. Is labour market testing (LMT) mandatory for Subclass 482 TSS visa?
No, labour market testing is exempt in certain cases, for example, if the visa applicant is a citizen/national of Brunei, China, Japan, Malaysia, Mexico, Peru, Thailand, Vietnam or is a citizen/national/permanent resident of Canada, Chile, South Korea, New Zealand, Singapore or the United Kingdom.
7. Can I apply for Subclass 482 TSS visa if my work experience is part-time?
Yes, part-time experience can be considered.
8. Do I need skills assessment for Subclass 482 TSS visa?
Usually, you don’t need skills assessment for Subclass 482 TSS visa, but this can be mandatory if you are nominated to a trade occupation (e.g. chef, carpenter, electrician) and you are from a certain country.
9. Can I quit my job or switch employer while on Subclass 482 TSS visa?
Yes, but you cannot be unemployed for over 60 days in between. Meanwhile, you need to find a new employer who must lodge their sponsorship and new nomination application for you as soon as possible. Keep in mind that you can work for the new employer only after the new nomination has been approved.
10. Can I still apply for Subclass 482 TSS visa if I don’t meet some requirements (e.g. English, work experience requirements)?
Yes, it is possible if you apply under labour agreement stream.
11. Can I apply for Subclass 482 TSS visa if my occupation is not on any occupation list?
Yes, it is possible if you apply under labour agreement stream.
12. Can I get Medicare when I’m on Subclass 482 TSS visa?
If you are applying for or holding a 482 visa, you are responsible for all your health costs while you are in Australia and you need to maintain adequate health insurance. You will not be covered by Australia’s national health scheme (Medicare) unless your country has a reciprocal health care agreement with Australia. Please visit Medicare for details.
13. Who should pay the relevant fees?
Certain costs can by paid by either the visa applicant or the employer (sponsor), but the following must be paid by the employer:
- Sponsorship application fee
- nomination application fee
- Skilling Australian Fund (SAF) levy