TSS 482 Visa

Formerly known as the 457 visa, the Temporary Skill Shortage Visa (TSS 482) is a Temporary Work Visa that allows skilled workers to stay in Australia and work for the business sponsoring them for a period up to:

• Four years, after the visa is granted, if your occupation is listed on the MLTSSL List (Medium and Long-term Strategic Skilled List)
• Two years, after the visa is granted, if your occupation is on the STSOL List.

As the Temporary Skill Shortage Visa (TSS 482) is the replacement visa for the Temporary Work (Skilled) Visa (subclass 457), it is fairly similar but different in its requirements. This visa can be lodged if you are either in or outside of Australia.

In order to be eligible to apply for Permanent Residency, you will be required to work for 3 years for the nominated employer (instead of the 2-year requirement that was formerly required under the 457 visa.

Temporary Work (Skilled) Visa STREAMS:

The TSS is divided into three unique main streams:

1. The Short-Term Stream (STS) – approved for a maximum of two years (four years if an International Trade Obligation applies). This visa may be renewed for a further 2 years onshore;
2. The Medium- Long Term Stream (LTS) – approved for a maximum of four years, with no exclusion to be extended further;
3. Labour Agreement Stream (for exceptional cases).

The employer’s side:

The Temporary Skill Shortage Visa (TSS 482) has been developed for employers who want to nominate an overseas employee (the nominee). The employer’s role in relation to this visa has become more active, meaning that the employer is required to ensure:

• Labour Market Testing is performed so that Australians are not discriminated against;
• A minimum market salary rate is met.

Processes involved:

The TSS Involves a Three – Step Process:

Step 1. A sponsorship application by the employer to become a standard business sponsor. The sponsorship approval will last 5 years.

Step 2. A nomination application for a skilled position by the employer. The nomination is generally valid for 12 months from its approval.

Step 3. A visa application is lodged for the proposed employee.

Occupational Lists:

The above streams refer to two different occupational lists as follows:

• Short Term Skilled Occupation List (STSOL) and a Medium and Long Term Strategic Skills List (MLTSSL). These lists are available for employers who are seeking overseas workers and are not able to have their demands met within the Australian labour market. Click here for more information on the eligible occupations.

The labour agreement (c) Stream

• This stream is analysed on a case by case basis by the Department of Home Affairs. This becomes an option when an employer can demonstrate that existing standard visa programs cannot satisfy their needs (as the job position to be filled is not included in the MLTSSL or STSOL) and their demand cannot be met in the Australian labour market.

Applicant Eligibility:

Therefore, an overseas worker may be eligible as a candidate for this visa if they:

• Have been nominated for a position by an approved sponsor, and that nomination has been approved and is still active;
• Have relevant work experience of at least 2 years and meets the minimum requirements as set out for the specific occupation;
• Possess the required skills and qualifications and pass the relevant skills assessment (if required);
• Meet the English language requirements;
• Meet health requirements;
• Have substantially complied with any conditions that apply or applied to their last visa;
• If in Australia, hold a substantive visa, or a Bridging Visa (either: subclass A, B, C);
• Meet the requirements of the visa stream;
• Meet good character requirements through police clearance from overseas countries the applicant has lived in.

There may be additional eligibility for the following streams:

• TSS 482 under the STS List:
  • Genuine Temporary Entrant (GTE) criterion.

• TSS 482 under the MLT List:
  • Work directly for the sponsor (the employer) or an associated entity.

It is our number one priority, as a registered migration agency with years of experience, to provide you with the most suitable solution in order to get your visa approved.

The TSS 482 Visa (ex-457 visa) is a new visa and as such requires strict requirements to be met and does not allow the same flexibility associated with the 457 visa. The TSS 482 Visa can lead to Permanent Residency or may give you the option to acquire more experience to obtain an alternative visa.

To book a consultation, please fill in the contact form or call us on (08) 9388 9193.